Full text of "Code of laws of South Carolina 1942"

Hie

University of South Orolina

Coleman Karesh
LawLibiaiy

Digitized by the Internet Archive

in 2011 with funding from

LYRASIS Members and Sloan Foundation

http://www.archive.org/details/codeoflawsofsout03unse

CODE OF LAWS

SOUTH CAROLINA

1942

IN FIVE VOLUMES

Prepared, edited, annotated, and printed under the supervision
and direction of the Code Connnissioner, with the assist-
ance, in an advisory capacity, of the Committee on
Statutory Laws of the General Assembly
of South Carolina

VOLUME 3

CIVIL CODE, §§ 4920 thru 7017

Jacobs Press

Clinton, S. C.

1942

The State of South Carolina

COLEMAN KARESH LAW LIBRARY

University of South Carolina

Table of Contents

CIVIL CODE, Continued

PART I, Continued
INTERNAL ADMINISTRATION OF THE GOVERNMENT, Continued

TITLE 28, Continued
OFFICERS AND OFFICES, Continued

Chapter 117. Fees and Costs

Sec.
4921

Chapter
Chapter
Chapter
Chapter
Article
Article

Article
Article
Article
Article

TITLE 29
PUBLIC CHARGES

118. Support of the Poor 4966

119. Pensions 4978

120. Children's Bureau 4989

120-A. Public Welfare 4996-1

1. Administration and Organization 4996-1

3.
4.
5.
6.

Article 7.

Chapter

121.

Article

1-A,

Article

3-A.

Article

4- A.

Article

10.

Article

10-A.

Article

10-B.

Article

10-C

Article

11.

Article

11-A,

Article

11-B.

Article

11-C.

Article

12.

Article

13.

General Provisions Relating to Administration of

Assistance 4996-15

Assistance to Aged Persons in Need 4996-30

Aid to Dependent Children 4996-34

Aid to Needy Blind 4996-40

Assistance for Other Handicapped and Unfortunate

Persons 4996-50

General Provisions 4996-58

TITLE 30

PUBLIC HEALTH

Health Regulations 4997

Boards of Health and Health Provisions 4997

Bedding 5057-11

Quarantine of Vessels 5058

Hotels and Restaurants 5097

Tourist Camps and Road Houses 5123-1

Foods and Drugs 5124

Milk and Milk Products 5129

Vital Statistics 5130

Public Hospitals and Tuberculosis Camps 5136

Physicians and Surgeons 5149

Pharmacists 5168

Dentists and Dental Hygienists 5193

Registered Nurses 5223

Chiropodists and Chiropody (Podiatry) 5231-1

Naturopathy 5231-19

Osteopaths and Osteopathy 5231-29

Opticians and Optometrists 5232

Chiropractors and Chiropractic 5250-1

Hairdressers and Cosmetologists 5250-11

Barbers and Barbering 5250-31

Veterinary Medicine and Surgery 5251

Embalmers 5262

Chapter
Article
Article
Article
Article
Article

Article
Article

Article

Sec
121-A. Housing __ ..__ 5271-1

1. Building Council of South Carolina 5271-1

2. State Housing Law 5271-4

3. Housing Authorities Law 5271-31

4. Housing Cooperation Law 5271-71

5. Cities over 5,000 Adopt Ordinances Relating to

Repair, Closing and Demolition of Dwellings

Unfit for Human Habitation 5271-81

6. Obligations as investments .5271-91

7. Housing Authorities for Unincorporated Commun-

ities, Aiken County 5271-101

8. The Housing Authority of City of Charleston 5271-104

Chapter

122.

Article

10.

Article

11.

Chapter

122-A

Article

10.

Article

11.

Article

12.

Article

13.

Article

14.

Article

15.

Article

16.

Article

17.

Article

18.

Article

19.

Article

20.

Article

21.

Article

22.

Article

23.

Article

24.

Article

25.

Article

26.

TITLE 31

EDUCATION

Schools, School Districts and Libraries

Public Schools

Kindergartens

High Schools

Junior College Courses

State Aid for Schools _
School Buildings

Regular School Attendance Law

Schools for Eleemosynary Institutions

John De La Howe School

South Carolina Institution for the Deaf, Dumb and

Blind

Libraries

Provisions Relating to Schools and Libraries in

Counties and Subdivisions thereof

Abbeville County

Aiken County

Allendale County

Anderson County

Bamberg County

Barnwell County

Beaufort County

Berkeley County ...

Calhoun County

Charleston County

Cherokee County

Chester County

Chesterfield County __

Clarendon County

Colleton County

Darlington County '.

Dillon County

Dorchester County _1_

Edgefield County

Fairfield County

Florence County

Georgetown County

Greenville County

Greenwood County

Hampton County

Horry County _

5272
5272
5400
5404
5416
5423
5445
5466
5477
5480

5488
5498

5513
5513
5516
5521
5525
5527
5531
5534
5537
5541
5544
5549
5552
5556
5560
5564
5567
5571
5576
5580
5583
5587
5590
5594
5597
5600
5603

Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article

Article
Article
Article
Article
Article

Article
Article

Chapter
Chapter
Chapter
Chapter
Chapter
Article

Chapter

Article

Chapter

27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.

Jasper County .._
Kershaw County -
Lancaster County
Laurens County
Lee County

Lexington County .
McCormick County
Marion County __.
Marlboro County _
Newberry County ...
Oconee County

Chapter 123.

Orangeburg County ....

Pickens County

Richland County

Saluda County

Spartanburg County _

Sumter County

Union County

Williamsburg County
York County

2.
3.
4.
5.

State Colleges and Universities
General Provisions

University of South Carolina

The Clemson Agricultural College of South Carolina
The Citadel, The Military College of South Carolina
Winthrop College (The South Carolina College for

Women)

The Medical College of the State of South Carolina
Colored Normal, Industrial, Agricultural and Me

chanical College of South Carolina

TITLE 31-A

Sec.
5606
5610
5613
5616
5619
5622
5626
5630
5634
5637
5640
5643
5646
5649
5652
5655
5658
5661
5665
5670
5697
5697
5713
5730
5774

.5785
5794

5800

AGRICULTURE

123-A. General Provisions . 5806

123-B. Plants and Planting 5806-21

123-C. Livestock .... 5806-31

123-D. Poultry . 5806-61

123-E. Seeds 5806-71

1. Inspection, Analysis, Sale and Distribution of Agri-
cultural, Vegetable and Flower Seeds 5806-71

123-F. Soil Conservation . 5806-101

1. Soil Conservation District Law 5806-101

123-G. Provision Relating to Counties and Subdivisions

Thereof 5806-122

TITLE 32
HIGHWAYS, BRIDGES, FERRIES, DAMS AND DRAINS

Chapter

Article

124. General Provisions

125. State Highway Department

126. State Highway System .
1. The "Pay as you Go" Plan

5807
5867
5926
5926

1-A. Additional Provisions Adding Highways to or Af-
fecting Highways in the System 5933-1

2. Roads Added to The System by the Highway Com-
mission , 5934

Article

Chapter

127.

Article

Chapter

128.

Chapter

129.

Article

Reimbursement Agreements

State Highway Bond Act

State Unit Plan of Financing .....
District Unit of Plan Financing .

General Provisions

License to Drive Motor Vehicles
Watercourses and Cuts

Sec.

5937

5947

5952

5962

5982

6011

General Provisions . 6011

1-A. Savannah River Navigation Commission 6030

1-B. Intracoastal Waterway from Winyah Bay to State
Boundary Line in Savannah River and Ashley

River and Shipyard River 6031

Article 2. Inland Waterway from North Carolina-South Caro-
lina Line to Winyah Bay 6037

Ferries and Bridges 6043

Ferries 6043

Bridges and Toll Bridges 6057

Miscellaneous Provisions 6074

Dams, Drains and Drainage Districts 6087

Dams and Drains 6087

Right-of-Way for Drainage 6138

Sanitary and Drainage Commissions 6146

Drainage Districts 6157

Miscellaneous Provisions 62 10-1

TITLE 33
INTERNAL POLICE OF THE STATE

Chapter

130.

Article

Chapter

131.

Article

Chapter

132.

Article

Chapter

133.

Article

Chapter

134.

Article

Chapter

135.

Article

Chapter

136.

Article

State Hospital and Training School

State Hospital

State Training School

Estrays and General Stock Law

Estrays

General Stock Law

Marine Law

Shipwrecks

Immigrants and Seaman .

Gambling Agreements and Contracts for Future De-
livery

Gambling Agreements

Contracts for Future Delivery

Licenses

Plays and Shows

Billiard and Pocket Billiards

6222
6222
6250
6270
6270
6281
6289
6289
6294

6308
6308
6313
6322
6322
6337

PART II
BUSINESS REGULATIONS, TRANSACTIONS AND ASSOCIATIONS

Chapter

138.

Article

TITLE 34

TRADE REGULATIONS

Regulation of Certain Trades — 6353

Commercial Fertilizers 6353

Cotton and Farm Products 6386

Warehouse System and Warehouses 6466

Cooperative Marketing Act 6499

Article

10.

Article

11.

Article

12.

Article

13.

Article

14.

Chapter

139.

Article

Chapter

140.

Chapter

141.

Article

Flour and Grain

Meat, Rice, Staves, Shingles and Turpentine

Timber and Lumber

Illuminating Oils, Gasoline, etc.

Commercial Feeding Stuffs

Poultry Preparations

Sale of Disinfectants .

Merchandise

Trusts, Monopolies and Unfair Competition

Weights, Measures, Grades and Brands

Weights and Measures

Containers, Grades and Brands of Fruits and Veg-
etables

Board of Exports and Marketing

Pilots, Ports and Port Utility Commission
Pilots and Ports

Port Utilities Commission of Charleston ....

Chapter

142.

Article

Chapter

143.

TITLE 35

BUSINESS TRANSACTIONS AND HOLIDAYS

Money, Interest, Checks, Bills and Notes

Money and Interest

Bills and Notes

The Negotiable Instruments Law

Collections by Banks

Bills of Lading

Sec.
6544
6560
6566
6575
6587
6603
6610
6617
6620
6645
6645

6662
6676
6682
6682
6727

6735
6735
6744
6752
6948
6964

CIVIL CODE

CHAPTER 117
Fees and Costs

4920,
4922.
4923.

4924.
4925.

4925-
4926.
4927.
4927-
4927-
4928.
4928-
4929.
4930.
4931.
4932.
4933.
4934.
4934-

4935.
4936.
4937.
4937-
4938.
4938-

4921. General provisions. 4939

Secretary of state. 4940.

Clerks of court and register of 4941

mesne conveyances for recording 4942

papers. 4343.

Clerks of court.

Fees of clerks of court in certain

counties. 4946.
1. Abbeville County.

Anderson County. 4946

Beaufort County. 4946

1. Berkeley County. 4947
3. Charleston County. 4948.

Chester County. 4949.

2. Clarendon County. 4949
Dorchester County.

Greenville and Laurens Counties. 4951.

Jasper County. 4952

Laurens and Newberry Counties. 4953.

Orangeburg County. 4954,

Pickens County. 4955.

1. Richland County, payment sched- 4956.

ule. 4957.

Saluda County. 4958.

Spartanburg County. 4959.

Sumter County. 4960.

1. Union County. 4961.

Williamsburg County. 4963.

1. York County. 4964.

Endorsements on papers recorded.
Referee.
Masters.
Probate judge.
Anderson County.
Barnwell County.
Cherokee County.
Georgetown, Marion, Orangeburg,
and Union Counties.

1. Spartanburg County.

2. York County.
Magistrates.
Anderson County.
Marion County.

1. Pickens Count}".
Sheriffs.

Diet federal prisoners.
Anderson County.
Barnwell County.
Orangeburg County.
Constables.
Anderson County.
Notaries public.
Physicians.
Deputy surveyors.
County auditors.
Appraisers.

Witnesses in civil cases.
Witnesses in criminal cases.

§ 4920. Fees and costs of certain officers. — The several officers hereinafter
named shall be entitled to receive and recover the fees and costs prescribed
by this chapter, and none other, for the services herein enumerated.

1932 Code. § 4921; Civ. C. '22, § 5726; Civ. C. '12, § 4209; Civ. C. '02, § 3100; G. S.
2429; R. S. 2553.

Applied in Williams v. Kershaw Coun- ty, 56 S. C. 400, 34 S. E. 694.

§ 4921. No other costs or fees allowed. — If any officer herein named shall
charge any other fee or fees for any services herein cited, such officer shall
be liable to forfeit ten times the amount as improperly charged, to be re-
covered by suit in the court of common pleas, or attachment, or by sale,
when the penalty does not exceed twenty dollars. In any case in which the
clerk of the court of common pleas, or a magistrate, shall issue an execu-
tion, he shall attach thereto a bill of each item of costs therein charged,
and shall, on application of defendant in execution, tax all costs which ac-
crue to the sheriff for services on such execution.

1932 Code. § 4962; Civ. C. '22, § 5764; Civ. C. '12. § 4239; Civ. C. '02, § 3129; G. S.
R. S. 2570; 1878 (16) 631.

2446;

See generally. Dean v. Todd, 49 S. C.
461, 27 S. E. 471; Tinsley v. Kirby, 8 S.

C. 113.

Page 1

m.-s.c.-i

§ 4922 Civil Code Page 2

§ 4922. Secretary of state. — For every search, fourteen cents; for entering
satisfaction on a mortgage, twenty-one cents; for recording a mark or brand,
twenty-one cents; for recording or copying any writing, for every copy
sheet containing ninety words, nine cents; for making out a grant of lands,
recording and fixing the great seal, two dollars and fourteen cents; for a
testimonial with the great seal, one dollar and seven cents; for registering
the certificate of a person becoming a denizen, twenty-five cents; for a fam-
ily not exceeding three, fifty cents; for a family exceeding three, one dollar;
for commissioning a notary public or commissioner of deeds, three dollars
and twenty-five cents.

1932 Code, § 4922: Civ. C. '22, § 5727; Civ. C. '12, § 4210; Civ. C. '02, § 3101; G. S.
2430; R. S. 2454; 1790 (5) 153; 1799 (5) 355; 1901 (23) 754.

§ 4923. Fees of clerks of court and registers of mesne conveyances for re-
cording papers. — Except in the counties of Allendale, Bambn-g, Barnwell,
Beaufort, Clarendon, Colleton, Dorchester, Marlboro, Orangeburg, Pickens,
Spartanburg, York, Georgetown, Fairfield, Greenville, Richland, Berkeley,
Union and Horry, the following fees shall be allowed to clerks of court in
this State, in lieu of all fees now allowed by law: for recording a deed to
or a mortgage on real estate, with or without renunciation of dower, and
certifying same on the back thereof, seventy-five cents: provided, such a
deed or mortgage does not exceed fifteen hundred words, in which case
they shall be entitled to receive and collect an additional sum of eight cents
per hundred words on all words over one thousand; for recording each
chattel mortgage over one hundred dollars and certifying same on the back
thereof, fifty cents: provided, such chattel mortgage does not exceed one
thousand words, in which case they shall be entitled to charge and receive
an additional sum of eight cents per hundred words on all words over one
thousand; for indexing each chattel mortgage under one hundred dollars,
and certifying same on the back thereof, ten cents; for indexing each agri-
cultural lien, and certifying same on the back thereof, ten cents; for re-
cording each lien and mortgage combined, and certifying the same on back
thereof, fifty cents; for entering each satisfaction on the record of a mort-
gage of real estate or a chattel mortgage, and certifying same on the back
thereof, ten cents; for recording or copying plats of not more than six cor-
ners, seventy-five cents; for every corner over, six cents; for every probate
in writing, twenty-five cents; for every certificate, except the certificate
on the backs of paper recorded by them, and certificates of judicial records
in their offices required for the court or a judge thereof, twenty-five cents;
for recording any other paper required by law to be recorded, except ju-
dicial records, eight cents per hundred words.

Provided, that the law as to the fees to be received by the clerk of court
for Cherokee County shall be as now provided by law; except as follows:
for recording real estate deeds and mortgages, and certifying same on back
thereof, one ($1.00) dollar. In case the words therein exceed fiften hun-
dred he shall be entitled to ten cents per hundred on amount exceeding
one thousand words in addition to the sum of one dollar; for indexing each
chattel mortgage of one hundred dollars and less, fifteen cents.

Provided, that in Oconee County the clerk of court shall charge for re-
cording regular deeds, one ($1.00) dollar, regular real estate mortgages, one
($1.00) dollar, and twenty-five (25c) cents additional for every extra affi-
davit and every extra dower upon such deeds and mortgages, and for

Page 3 Fees and Costs § 4924

regular chattel mortgages, one ($1.00) dollar, crop chattel mortgages, fif-
teen (15c) cents, chattel mortgages for one hundred ($100.00) dollars or
less for every family name indexed, fifteen (15c) cents, irregular deeds
and mortgages, either real or chattel for each page of the original instru-
ment, forty (40c) cents, and record page of same, eighty (80c) cents, for
recording plats, six (6c) cents per corner, provided, that the minimum fee
for recording plats shall be one ($1.00) dollar, and satisfactions of real
estate mortgages (entered on record), twenty-five (25c) cents, for satis-
factions of chattel mortgages over one hundred ($100.00) dollars (entered
on record), twenty-five (25c) cents, for satisfaction of chattel mortgages oi
one hundred ($100.00) dollars or less (entered on record) , ten (10c) cents,
for recording probated satisfactions of real and chattel mortgages, fifty
(50c) cents.

1932 Code, § 4923; Civ. C. '22, § 5728; Civ C '12, § 4211; Civ. C. '02, § 3102; 1899
(23) 46; 1900 (23) 302; 1909 (26) 79; 1920 (31) 741; 1925 (34) 234; 1939 (41) 408.

Unconstitutional amendments and ex- 199 S. E. 683.

ceptions; effect. — The various amend- Under act abolishing the office of judge

ments to statutes relating to fees of of probate in Clarendon County and

clerks of courts and of judges of pro- placing its duties on clerk of court, which

bate, which amendments contained ex- did not specifically name any compen-

ceptions affecting certain counties and sation for the clerk of court as acting

constituted local and special laws and judge of probate, it was to be inferred

were thus invalid, did not change the that the General Assembly did not deem

general law and left the original statutes it necessary to do so in view of the fact

valid as affecting all the counties. Rid- that the office already carried with it

gill v. Clarendon County, 188 S. C. 460, the costs and fees fixed by statute. Ibid.

§ 4924. Olher fees and commissions of clerks of court. — Clerks of the courts
of common pleas and general sessions, except in the counties of Anderson,
Orangeburg and Pickens, shall receive: for signing and sealing summons,
fifty cents; for filing complaint, fifty cents; for filing each answer, de-
murrer, or rejoinder in demurrer, twenty-five cents; for signing and sealing
subpoena writ, fifty cents; for docketing a cause, one charge only at each
term, fifteen cents; for attending the trial of a cause (whether civil or
criminal) , and swearing witnesses, fifty cents; for entering verdict or other
order for final judgment on the minutes of the court, twenty-five cents;
for special order for bail, fifty cents; for filing and entering on the journal
every rule or order for arbitration, twenty-five cents; for filing affidavits
for continuance when ordered by the judge, twenty-five cents; for sign-
ing, entering and enrolling judgment, seventy-five cents; for signing and
sealing first execution, fifty cents; for signing and sealing each renewal of
execution, twenty-five cents; for entering satisfaction on judgment, twenty-
five cents; for filing transcript, twenty-five cents; for taking security for
costs, entering order therefor, if made, fifty cents; for recording judgments,
one dollar and fifty cents; for recording decrees of foreclosure, partition,
and reports, per copy sheet of ninety words, nine cents; for administering
oath other than on trial of cause, proof of service on sheriff's return, oath
to jurors or by order of court, fifteen cents each; for taking and filing bonds
in attachment, trover, or in other cases, one dollar; for signing and sealing
commission to examine witnesses, seventy-five cents; for examining each
witness de bene esse, one dollar; exemplification of proceeding or other of-
fice copy, per copy sheet of ninety words, nine cents; recording plat of
land under order of the court or copying the same, fifty cents; rule of sur-

§ 4924 Civil Code Page 4

vey, fifty cents; each official certificate under seal of court not herein speci-
fied, fifty cents; issuing writ of attachment for contempt or other special
writ, one dollar; signing and sealing writ of hab. fac. possessionem, fifty
cents; receiving and paying over money officially, two per cent., if under
three hundred dollars; if over that sum, two per cent, for the first three
hundred dollars, and one per cent, for the balance; on every appeal from
magistrate, all services inclusive, except for entering up judgment and is-
suing execution therein, one dollar; on bill nol. pros., before giving out, one
dollar; on bill thrown out by grand jury or found and nol. pros, abated,
discontinued, or struck off, two dollars; on bill found and verdict by petit
jury, three dollars; all orders for bastardy and taking recognizance, one
dollar; issuing bench warrant, writ of habeas corpus, scire facias, and each
execution in sessions, one dollar and fifty cents; for issuing warrants, tak-
ing recognizance, or other services in the sessions as magistrate ex officio,
same fees as allowed that officer; for each writ of venire facias, including
all services incident to summoning juries, two dollars; for preparing and
issuing certificates for grand and petit jurors and constables and furnish-
ing returns to county commissioners for each term of the court of common
pleas and general sessions, five dollars; for filing petition and signing writ
de lunatico inquirendo, one dollar; for furnishing advertisements in cases
of escheat, exclusive of printer's bill, one dollar; for recording whole pro-
ceedings therein, two dollars; for license to an attorney, all services in-
cluded, five dollars; for filing and entering notice of alien's intention to
become a citizen, one dollar; for filing and recording report of a lien, one
dollar; for administering oath of intention, one dollar; for filing and enter-
ing application to become a citizen and administering oath, two dollars;
for giving certificate (over seal of office) of citizenship, one dollar; for
taking renunciation of dower or inheritance, two dollars; for every search
for a paper found (not to be charged to the parties or attorneys when for
papers in a case pending), fifteen cents; for every search necessary for a
certificate that a paper is not to be found in office, twenty-five cents; for
swearing a magistrate or constable in office, taking constable's bonds, and
giving certificates thereof, one dollar; for every probate in writing, twenty-
five cents; for signing and sealing dedimus protestatem, one dollar; for
official certificate to exemplification of record, one dollar; for official cer-
tificate, without the seal, twenty-five cents; each day engaged in holding
reference, one dollar; for hearing application for discharge of insolvent
debtors, two dollars; for hearing the same when litigated, four dollars;
making up and returning report on reference, but no more than one report
in each case, three dollars; deed of conveyance or mortgage, two dollars;
for official notice of estray and filing papers, one dollar; for recording and
copying deeds or other papers, per copy sheet of ninety words, nine cents;
for entering satisfaction on mortgage, twenty-five cents; for recording or
copying plats of not more than six corners, one dollar; and for every corner
over six, ten cents; for granting charter of incorporation, two dollars; for
granting charter to church, one dollar; for enrolling and recording tran-
scripts of judgments from magistrates' courts, and issuing executions there-
on, one dollar: provided, that the fees to be received by the clerk of court
and register of mesne conveyance for Calhoun County shall be as now pro-
vided by law, except as hereinafter provided, to wit: for filing liens, fifteen
cents; for indexing mortgages, personal property, fifteen cents; for record-

Page 5 Fees and Costs § 4925

ing bill of sale, fifty cents; for recording and filing lien with mortgage, one
dollar; for recording deed without dower, one dollar; for recording deed
with dower, one dollar; for recording mortgage, real estate (usual form),
without dower, and without insurance tax and attorneys' fees, one dollar;
for recording same with dower, one dollar; for recording mortgage real
estate (usual form) , with insurance tax and attorneys' fees, without dower,
one dollar; for the same with dower, one dollar and twenty-five cents; for
recording satisfaction, twenty-five cents; for entering satisfaction before
the clerk, ten cents; for recording transfers, twenty-five cents; for record-
ing bonds, one dollar and fifty cents; for recording any other paper re-
quired to be recorded, at the rate of six cents for every hundred words.

Salaries in lieu of fees in criminal cases in certain counties. — All fees
and costs allowed by law to clerks of court in criminal matters are hereby
abolished, and they shall be allowed yearly salaries, in lieu and instead of
the costs and fees now allowed by law. Said salaries to be paid quarterly
upon the order of the board of county commissioners of the respective
counties.

1932 Code, § 4924; Civ. C. '22, § 5736; Civ. C. '12, § 4217; Civ. C. '02, § 3107; G. S.
2431; R. S. 2555; 1880 (17) 298; 1899 (22) 46; 1900 (22); 1901 (22) 673; 1911 (27) 63;
1916 (29) 801.

See notes to § 4923.

§ 4925. Fees of clerks in certain counties. — The clerks of court in all the
counties excepted from the operation of section 4923, except Orangeburg
and the register of mesne conveyance in Charleston County, shall receive:
for recording and copying deed and other papers, per copy sheet of one
hundred words, ten cents: for entering satisfaction on mortgages, twenty-
five cents; for recording or copying plats of not more than six corners, one
dollar; for every corner more than six, six cents: provided, that whenever
a copy of the original plat on tracing cloth containing more than six cor-
ners is delivered to the recording officer to be by him placed in his records,
the total charge for recording said copy, and all necessary certification in
connection therewith, shall be one ($1.00) dollar; provided, however, no
clerk of court or register of mesne conveyance except in the counties of
Richland, Cherokee, Chester, Aiken, Abbeville, Beaufort, Oconee and Fair-
field shall place in his records any blue print or other photographic copy of
any plat. For every probate in writing, twenty-five cents; for every certifi-
cate other than that mentioned in section 8103, twenty-five cents; for filing,
indexing and certifying any bill of sale, chattel mortgage or other instru-
ments in the nature of liens on personal property, where the amount secured
is not more than one hundred dollars, fifteen cents: provided, that the regis-
ter for Charleston and clerk of court for Beaufort County shall also be al-
lowed ten cents for every search: provided, that the clerk of court of Union
County, who is ex officio the recorder of mesne conveyance, be paid the
fees herein named for the filing and recording the following instruments
as named as follows, to wit: for the regular short form of deed of convey-
ance to real estate, and such that conform to the office book forms, one
and 50/100 ($1.50) dollars; for irregular and long form deed of conveyance
to real estate and such that do not conform to the office book forms, one
and 75/100 ($1.75) dollars; for the regular short form of real estate mort-
gage and which conform to the office book forms, one and one 50/100 ($1.50)
dollars; for the irregular and long form of real estate mortgages and such

§ 4925 Civil Code Page 6

that do not conform to the office book form, one and 75/100 ($1.75) dol-
lars; and for the short form of chattel mortgages and bills of sale in amounts
of less than one hundred dollars, twenty-five ($0.25) cents; for the short
form of chattel mortgages and bills of sale in amounts of one hundred dol-
lars and over, seventy-five ($0.75) cents; for irregular and long form chat-
tel mortgages and bills of sale which do not conform to any office book
form and amounting to one hundred dollars and over, one ($1.00) dollar,
for satisfaction of judgment the clerk of court shall receive the regular
commission now provided by law on the amount of a judgment before said
judgment is satisfied of record.

1932 Code, § 4925; Civ. C. '22, § 5730; Civ. C. '12, § 4212; Civ. C. '02, § 3103; 1878
(16) 626; 1898 (22) 695; 1921 (32) 66; 1925 (34) 70; 1926 (34) 1732; 1932 (37) 1439.

See notes to § 4923.

§ 4925-1. Clerk of court and register of mesne conveyances, Abbeville
County. — The fees to be received by the clerk of court and register of mesne
conveyances for Abbeville County shall be as now provided by law, except
as hereinafter provided, to-wit: indexing chattel mortgages under one
hundred ($100.00) dollars — fifteen cents; recording chattel mortgages of
one hundred ($100.00) dollars and over — seventy-five cents; recording ex-
tra long chattel mortgages one hundred ($100.00) dollars and over — one
dollar; recording real estate mortgages, including dower — one dollar; re-
cording extra long real estate mortgages — one dollar and seventy-five cents;
recording deeds including dower — one dollar.

There shall be no charge for the satisfaction of chattel and real estate
mortgages by the clerk of court or register of mesne conveyance for Abbe-
ville County.

1935 (39) 45; 1937 (40) 49.

§ 4926. Clerks of court, Anderson County. — In Anderson County the clerks
of court of common pleas and general sessions shall receive: for signing
and sealing summons, thirty-five cents; for filing complaint, fifty cents; for
filing each answer, demurrer or rejoinder in demurrer, twenty-five cents;
for signing and sealing subpoena writ, twenty-five cents; for docketing a
cause, one charge only at each term, ten cents; for attending the trial of
a cause, whether civil or criminal, and swearing witnesses, fifty cents; for
entering verdict or other order for final judgment on minutes of the court,
twenty-five cents; for making assessments on reference, twenty-five cents;
for special order for bail, thirty-five cents; for filing and entering on jour-
nal every rule or order for arbitration, twenty-five cents; for filing affi-
davits for continuance when ordered by the judge, twenty-five cents; for
signing, entering and enrolling judgments, fifty cents; for signing and seal-
ing first execution, twenty-five cents; for signing and sealing each renewal
execution, twenty-five cents; for entering satisfaction on judgment, fifteen
cents; for taking security for costs, entering order therefor, if made, fifty
cents; for recording judgments, one dollar; for recording decrees of fore-
closure, partition and reports, per copy sheet of one hundred words, ten
cents; for administering oath other than on trial of cause, proof of service
on sheriff's return, oath to jurors or by order of court, fifteen cents; for
taking and filing bonds in attachments, trover or in other cases, seventy-five
cents; for signing and sealing commission to examine witnesses, fifty
cents; exemplification of proceedings or other office copy, per copy sheet

Page 7 Fees and Costs § 4926

of one hundred words, eight cents; recording plat of land under order of
the court or copying the same, fifty cents; rule of survey, fifty cents; each
official certificate under seal of court not herein specified, twenty-five
cents; issuing writ of attachment for contempt or other special writ, one
dollar; signing and sealing writ of hab. fac. possessionem, fifty cents; re-
ceiving and paying over money officially, two per cent., if under three hun-
dred dollars; if over that sum, two per cent, for the first three hundred dol-
lars, and one per cent, for the balance; every appeal from magistrate, all
services exclusive, except for entering up judgment and issuing execution
therein, seventy-five cents; on bill nol. pros, before given out, one dollar; on
bill thrown out by grand jury, or found nol. pros., abated, discontinued or
struck off, two dollars; on bill found and verdict by petit jury, three dol-
lars; all orders for bastardy and taking recognizance, one dollar; issuing
bench warrant, writ of habeas corpus, scire facias, and each execution in
sessions, one dollar and fifty cents; for issuing warrants, taking recogni-
zance or other services in the sessions as magistrates ex officio, same fees
as allowed that officer; for each writ of venire facias, including all services
incident to summoning jurors, two dollars; for preparing and issuing cer-
tificates for grand and petit jurors and constables and furnishing returns to
county commissioners for each term of the court of common pleas and gen-
eral sessions, five dollars; for filing petition and signing writ of de luna-
tico inquirendo, one dollar; for furnishing advertisements in cases of
escheat, exclusive of printer's bill, one dollar; for recording whole proceed-
ings therein, two dollars; for license to an attorney, all services included,
five dollars; for filing and entering notice of alien's intention to become a
citizen, one dollar; for filing and recording report of alien, one dollar; for
administering oath of intention, one dollar; for filing and entering applica-
tion to become a citizen and administering oath of intention, one dollar;
for filing and entering application to become a citizen and administering
oath, two dollars; for giving certificate (over seal of office) of citizenship,
one dollar; for taking renunciation of dower or inheritance, two dollars;
for every search for a paper found (not to be charged to the parties or at-
torneys when for papers) in a case pending, fifteen cents; for every search
necessary for a certificate that a paper is not to be found in office, twenty-
five cents; for swearing a magistrate or constable in office, taking con-
stable's bonds and giving certificates thereof, one dollar; for every probate
in writing, twenty-five cents; for signing and sealing dedimus potestatem,
seventy-five cents; for official certificate to exemplification of record, sev-
enty-five cents; for official certificates without the seal, twenty- five cents;
each day engaged in holding reference, one dollar; making up and return-
ing report, but no more than one report in each case, three dollars; deed
of conveyance or mortgage, two dollars; for official record of estray and
filing papers, one dollar; for recording and copying deeds or other papers,
per copy sheet of one hundred words, eight cents; for entering satisfaction
on mortgage, fifteen cents; for recording or copying plats of not more than
six corners, one dollar; and for every corner over six, ten cents; for grant-
ing charter of incorporation, two dollars; for granting charter to church,
one dollar; for recording chattel mortgage of less than $100.00, twenty-five
cents; if over $100.00, ninety cents; indexing labor contracts, twenty-five
cents; recording plat of six corners or less, one dollar; five cents for each
additional corner; attesting sales and actions of mortgages, twenty-five

§ 4926 Civil Code Page 8

cents, and recording same, fifty cents.

The clerk of court of Anderson County is hereby authorized and directed
to record, without any charge or fee, any deed, the grantee of which is a
public school, or the trustees thereof, a public school district, a church, or
the trustees or the governing body thereof, and any plats of land owned
by any public school, school district or church.

1932 Code, § 4926; Civ. C. '22, § 5737; Civ. C. '12, § 4218; Civ. C. '02, § 3108; 1894
(21) 928; 1920 (36) 1065; 1939 (41) 129.

§ 4927. Clerk of court, Beaufort County.

( 1 ) Recording fees. — The clerk of court for Beaufort County is hereby au-
thorized to charge the following fees for recording certain papers, to wit:
deeds, one and 50/100 ($1.50) dollars; each dower in excess of one dower
on said deed, twenty-five (25) cents, and for each probate in excess of one
probate on said deed, twenty-five (25) cents, and for each certificate on
said deed, twenty-five (25) cents; for conditional sales agreements, for
which no regular blanks are furnished to the clerk of court, one and 50/100
($1.50) dollars; for plats, one ($1.00) dollar, and ten (10) cents for each
corner; for chattel mortgages under one hundred ($100.00) dollars, twenty-
five (25) cents, and for chattel mortgages over one hundred ($100.00) dol-
lars, fifty (50) cents; for satisfaction, twenty-five (25) cents; and assign-
ments, seventy -five (75) cents.

1932 Code, § 4927; Civ. C. '22, § 5729; 1921 (32) 118.

§ 4927-1. Clerk of court, Berkeley County.

(1) Fees, record maps, plats and blue prints. — The fee for recording maps,
plats or blue prints of land in Berkeley County shall be one ($1.00) dollar
for each and every tract of four corners and ten (.10c) cents per corner for
all over four.

1939 (41) 116.

See §§ 8875-3 and 8875-4.

§ 4927-3. Register of mesne conveyance, Charleston County.

(1) Deeds conveying property to Charleston County. — The register mesne
conveyance of Charleston County is hereby authorized, and directed to
record without charge therefor all deeds covering conveyance of property
to Charleston County.

1935 (39) 304.

§ 4928. Clerk of courl, Chester County. — The law as to the fees to be re-
ceived by the clerk of court for Chester County shall be as now provided
by law, except as hereinafter provided, to wit: for recording deed with or
without dower, and certifying same on back thereof, one dollar; for in-
dexing chattel mortgage under one hundred dollars and certifying same
on back thereof, twenty cents.

1932 Code, § 4928; Civ. C. '22, § 5738; 1921 (32) 153.

§ 4928-2. Clerk of court. Clarendon County.

(1) Issue and file orders of reference and orders appointing guardian ad
litems. — The fees of the clerk of court for Clarendon County shall be as
now provided by law, except for issuing and filing orders of reference and
orders appointing guardian ad litem shall be twenty-five (25c) cents each.

Page 9 Fees and Costs § 4930

(2) Collection of costs by clerks of courts. Clarendon and Sumter Counties
in civil actions. — In all cases of foreclosure, partition and any and all other
civil actions or proceedings wherein pleadings or other papers are filed,
the clerks of court of common pleas of Clarendon and Sumter Counties
shall collect in advance from the plaintiff, the attorney or other person or
persons filing said pleadings or papers, at the time of the filing of the first
pleading or other paper or process, the sum of three ($3.00) dollars, ex-
cept in cases of attachment in which said cases there shall be collected in
advance the sum of five ($5.00) dollars, which shall be a deposit upon and
applied to the costs of the clerk. No part of the sums so collected shall be
refunded upon discontinuance of the action or otherwise. The balance of
the filing, recording and other fees and charges of the clerk in all civil
actions and proceedings shall be collected by said clerks of court of com-
mon pleas for Clarendon and Sumter Counties before entry and filing of
the judgment or decree in any cause pending in their respective counties,
such fees and charges to be accounted for by said clerks to their respective
county treasurers as may be provided by law.

1932 (37) 1337; 1937 (40) 64.

§ 4929. Clerk of court, Dorchester County. — The law as to the fees to be
received by the clerk of court and register of mesne conveyances for Dor-
chester County shall be, as now provided by law, except as hereinafter
provided, to wit: for filing lien, fifteen cents; for indexing mortgage per-
sonal property, fifteen cents; for recording bill of sale, fifty cents; for re-
cording lien with mortgage, one dollar; for recording without dower, one
dollar; for recording deed with dower, one dollar and twenty-five cents;
for recording mortgage real estate (usual form) , without dower and with-
out insurance tax and attorney fee, one dollar; for recording the same with
dower, one dollar and twenty-five cents; for recording mortgage real es-
tate (usual form) , with insurance tax and with attorney's fees, without
dower, one dollar and twenty-five cents; for the same with dower, one dol-
lar and fifty cents; for entering satisfactions before the clerk, twenty-five
cents; for recording transfers, fifty cents; for recording bonds, one dollar
and twenty -five cents; for recording charters (usual form), one dollar and
fifty cents; for recording note and mortgage or chattel mortgages (usual
form), seventy-five cents; for recording any other paper required to be
recorded, at the rate of ten cents per every hundred words.

1932 Code, § 4929; Civ. C. '22, § 5733; Civ. C. '12, § 4214; 1909 (26) 53; 1913 (28) 180.

§ 4930. Clerk of court and register of mesne conveyances, Greenville and
Laurens Counties.

(1) Register of mesne conveyances, Greenville County. — The register of
mesne conveyances for Greenville County shall be entitled to charge and
receive the following fees, to wit: for recording deed to real estate, with
or without renunciation of dower, and certifying same on the back thereof,
one dollar; for recording each mortgage on real estate, with or without re-
nunciation of dower, and certifying same on the back thereof, one dollar:
provided, such deed or mortgage does not exceed fifteen hundred words,
and he shall be entitled to receive and collect an additional sum of eight
cents for every hundred words in excess thereof; for recording each chat-
tel mortgage in excess of one hundred dollars and certifying the same on

§ 4930 Civil Code Page 10

the back thereof, seventy-five cents: provided, same does not exceed one
thousand words, and he shall be entitled to receive and collect the sum of
eight cents for every one hundred words in excess thereof; for indexing
each chattel mortgage for one hundred dollars or less, and certifying the
same on the back thereof, twenty-five cents; for indexing each agricultural
lien and certifying the same on the back thereof, twenty-five cents; for re-
cording or copying plats of not more than six corners, one dollar; for every
corner more than six, six cents; for every probate in writing, twenty-five
cents; for every certificate, twenty-five cents, except the certificate entered
on the back of a paper recorded by him; for the recording of the satisfac-
tion of any chattel mortgage or deed of trust covering personal property
twenty-five cents. He shall be allowed twenty-five cents for every search
made by him in his office, and for recording any other paper required by
law to be recorded in his office, eight cents for every one hundred words.
It shall be unlawful for the register of mesne conveyances of Greenville
County to receive or to file for record any instrument unless the same be
accompanied by the full fees, in cash, for the filing and registry thereof.

(2) Remission of court costs to paupers, Greenville and Laurens Counties.
— Whenever it shall appear to the satisfaction of the presiding judge or the
clerk of court, or to the satisfaction of the presiding judge of any inferior
court in Greenville County and in Laurens County, by the affidavit of the
moving party that such party is a pauper and is unable to pay the court
costs in any such action that might have heretofore been commenced, or
that might now be pending, or that might hereafter be brought, such mov-
ing party shall be entitled to obtain from such court or clerk thereof an
order awarding to him a remission of court costs in such case. The above
provisions shall apply in actions wherein non suits have been granted or
might be hereafter granted.

1932 Code, § 4930; Civ. C. '22, § 5734; Civ. C. '12, § 4215; Civ. C. '02, § 3105: 1892
(21) 274; 1898 (22) 890, 891; 1900 (23) 303; 1901 (23) 819; 1907 (25) 544; 1925 (34^ 110;
1927 (35) 166; 1932 (37) 1533; 1938 (40) 1706.

§ 4931. Clerk of court, Jasper County. — The law as to the fees to be re-
ceived by the clerk of court and register of mesne conveyances for Jasper
County shall be as now provided by law, except as hereafter provided, to
wit: for filing lien, fifteen cents; for indexing mortgages personal prop-
erty, fifteen cents; for recording bill of sale, fifty cents; for recording and
filing lien with mortgage, one dollar; for recording deed without dower, one
dollar; for recording deed with dower, one dollar and twenty-five cents;
for recording mortgage real estate (usual form) , without dower and with-
out insurance tax and attorney's fee, one dollar; for recording the same with
dower, one dollar and twenty-five cents; for recording mortgage real estate
(usual form), with insurance tax and attorney's fees, without dower, one
dollar and twenty-five cents; for the same with dower, one dollar and fifty
cents; for recording satisfaction, fifty cents; for entering satisfaction before
clerk, twenty-five cents; for recording transfers, fifty cents; for recording
bonds, one dollar and twenty-five cents; for recording any other paper re-
quired to be recorded, at the rate of ten cents for every hundred words.
1932 Code, § 4931; Civ. C. '22, § 5739; 1917 (28) 621.

§ 4932. Clerk of court, Laurens and Newberry Counties.

(1) Perform certain acts. — The fees for the clerk of court for Laurens and

Page 11 Fees and Costs § 4933

Newberry Counties for entering satisfaction on chattel mortgages shall be
ten (.10c) cents each, and his fee for recording rights-of-way and ease-
ments over real property for the purpose of constructing cooperative rural
electrification lines shall be fifty (.50c) cents each. Provided, said fees shall
be turned over to the county treasurer and placed with the general funds
of Laurens and Newberry Counties.
1939 (41) 293.

See § 4930 (2) for remission of court cost to paupers, Laurens County.

§ 4933. Clerk of court, Orangeburg County. — The clerk of the court of com-
mon pleas and general sessions for Orangeburg County shall receive: for
signing and sealing summons, thirty-five cents; for filing complaint, thirty-
five cents; for filing each answer, demurrer or rejoinder in demurrer, fif-
teen cents; for signing and sealing subpoena writ, thirty-five cents; for
docketing cause, one charge only at each term, ten cents; for attending trial
of a cause, whether civil or criminal, and swearing witnesses, thirty-five
cents; for entering verdict or other order for final judgment on minutes of
court, fifteen cents; for special order for bail, thirty-five cents; for filing
and entering on journal every rule or order for arbitration, twenty-five
cents; for filing affidavit for continuance when ordered by the judge, fifteen
cents; for signing, entering and enrolling judgment, fifty cents; for signing
and sealing first execution, thirty-five cents; for signing and sealing renewal
of execution, fifteen cents; for entering satisfaction on judgment, twenty-
five cents; for filing transcript, fifteen cents; for taking security for costs,
entering order thereof, if made, thirty cents; for recording judgment, one
dollar; for recording decrees of foreclosure, partition and reports, per copy
sheet of ninety words, six cents; for administering oath other than on trial
of cause, proof of service on sheriff's return oath, to jurors or by order of
court, ten cents each; for taking and filing bond in attachment, trover or in
other cases, sixty-five cents; for signing and sealing commissions to exam-
ine witnesses, fifty cents; for examining each witness de bene esse, sixty-
five cents; exemplification of proceedings or other office copy, per copy
sheet of ninety words, six cents; recording plat of land under order of
court, or copying same, thirty-five cents; rule of survey, thirty cents; each
official certificate under seal of court not herein specified, thirty-five cents;
issuing writ of attachment for contempt, or other special writ, sixty-five
cents; signing and sealing writ of habeas facias possessionem, thirty-five
cents; receiving and paying over money officially, one per cent.; on every
appeal from magistrates, all services inclusive, except for entering up judg-
ment and issuing execution therein, sixty-five cents; in bill nol. pros, before
giving out, sixty-five cents; on bill thrown out by grand jury, or found and
nol. pros., abated, discontinued or struck off, one dollar and twenty-five
cents; on bill found and verdict by petit jury, two dollars; all orders for
bastardy recognizance, sixty-five cents; issuing bench warrants, writs of
habeas corpus, scire facias, and each execution in sessions, one dollar
($1.00) ; for issuing warrant, taking recognizance, or other services in the
session as magistrate ex officio, thirty cents (30c) ; for each writ of venire
facias, including all services incident to summoning juries, one dollar and
twenty-five cents ($1.25) ; for preparing and issuing certificates for grand
and petit jurors and constables, and furnishing returns to county board of
commissioners for each term of the court of common pleas and general

§ 4933 Civil Code Page 12

session, three dollars and twenty-five cents ($3.25) ; for filing petitions and
signing writ de lunatico inquirendo, sixty cents (60c) ; for furnishing ad-
vertisements in cases of escheat, exclusive of printer's bill, sixty-five cents
(65c) ; for recording whole proceedings therein, one dollar and twenty-five
cents ($1.25) ; for license to attorney, all services included, three dollars
($3.00) ; for filing and entering notice of alien's intention to become a citi-
zen sixty cents (60c); for filing and recording report of aliens, sixty-five
cents (65c) for administering oath of intention, sixty-five cents (65c); for
filing and entering application to become a citizen and administering oath,
one dollar ($1.00) ; for giving certificates (over seal of office) of citizenship,
seventy-five cents (75c) ; for taking renunciation of dower or inheritance,
fifty cents (50c) ; for every search for a paper found, not to be charged to
the parties or attorneys when for papers in a case pending, ten cents (10c) ;
for every search necessary for a certificate that a paper is not to be found
in office, fifteen cents (15c) ; for swearing a magistrate or constable in of-
fice, taking constable's bonds and giving certificates thereof, sixty cents
(60c) ; for every probate in writing, fifteen cents (15c) ; for signing and
sealing dedimus postatem, sixty-five cents (65c) ; for official certificate to
exemplification of record, sixty cents (60c) ; for official certificate without
the seal, fifteen cents (15c) ; each day engaged in holding reference, sixty
cents (60c) ; making up and returning report on reference, but no more
than one report in each case, two dollars ($2.00) ; for hearing application
for discharge of insolvent debtors, one dollar and twenty-five cents ($1.25) ;
for hearing the same when litigated, two dollars and twenty-five cents
($2.25) ; deed of conveyance and mortgage, one dollar ($1.00) ; for official
note of estray and filing papers, sixty cents (60c) ; for recording and copy-
ing deeds or other papers, per copy sheet of ninety words, six cents (6c) ;
for entering satisfaction on mortgage, ten cents (10c) ; for recording or
copying plats of not more than six corners, sixty-five cents (65c) ; and for
every corner over six, six cents (6c) ; for granting a charter of incorpora-
tion, one dollar ($1.00) ; for granting charter to church, fifty cents (50c) .

1932 Code, § 4933; Civ. C. '22, §§ 5731, 5740; Civ. C. '12, §§ 4213, 4220; Civ. C. '02, §§
3104, 3110; 1894 (21) 990, 993.

§ 4934. Clerk of court, Pickens County. — The clerk of the circuit court for
the county of Pickens shall be entitled to the following fees, to-wit: for
signing and sealing summons, forty cents; for filing complaint, forty cents;
for filing each answer, demurrer or joinder in demurrer, twenty cents; for
signing and sealing subpoena writ, forty cents; for docketing a cause, one
charge only at each term, twelve cents; for attending the trial of a cause,
whether civil or criminal, and swearing witnesses, forty cents; for enter-
ing verdict or other order for final judgment on the minutes of the court,
twenty cents; for special order for bail, forty cents; for filing and entering
on the journal every rule or order for arbitration, twenty cents; for filing
affidavits for continuance when ordered by the judge, twenty cents; for
signing, entering and enrolling judgment, sixty cents; for signing and seal-
ing first execution, forty cents; for signing and sealing each renewal of exe-
cution, twenty cents; for filing transcript, twenty cents; for entering satis-
faction on judgment, twenty cents; for taking security for costs, entering
order therefor if made, forty cents; for recording judgment, one dollar and
twenty cents; for recording decrees of foreclosure, partition and reports,
per copy sheet of ninety words, seven cents; for administering oath other

Page 13 Fees and Costs § 4934

- i t^

than on trial of cause, proof of service on sheriff's return, oath of jurors, or
by order of court, twelve cents; for taking and filing bonds in attachments,
trover, or in other cases, eighty cents; for signing and sealing commission to
examine witnesses, sixty cents; for examining each witness de bene esse,
eighty cents; exemplification of proceeding, or other office copy, per copy
sheet of ninety words, seven cents; recording plat of land under order of
the court, or copying the same, forty cents; rule of survey, forty cents; each
official certificate under seal of court, not herein specified, forty cents; is-
suing writ of attachment for contempt, or other special writ, eighty cents;
signing and sealing writ of hab. fac. possessionem, forty cents; receiving
and paying over money officially, one and one-half of one per cent, if under
three hundred dollars; if over that sum, one and one-half of one per cent,
for the first three hundred dollars and one per cent, for the balance; on
every appeal from magistrates, all services inclusive, except for entering
up judgments and issuing executions therein, eighty cents; bill on nol. pros,
before giving out, eighty cents; on bill thrown out by grand jury, or found
and nol. pros., abated, discontinued or struck off, one dollar and sixty cents;
on bill found, and verdict by petit jury, two dollars and forty cents; all
orders for bastardy and taking recognizance, eighty cents; issuing bench
warrant, writ of habeas corpus, scire facias, and each execution in sessions,
one dollar and twenty cents; for issuing warrants, taking recognizance, or
other service in the sessions, as magistrate ex officio, same fees as allowed
that officer; for each writ of venire facias, including all services incident to
summoning juries, one dollar and sixty cents; for preparing and issuing
certificates for grand and petit jurors and constables, and furnishing re-
turns to county commissioners for each term of the court of common pleas
and general sessions, four dollars; for filing petition and signing writ de
lunatico inquirendo, eighty cents; for furnishing advertisements in cases
of escheat, exclusive of printer's bill, eighty cents; for recording whole pro-
ceedings therein, one dollar and sixty cents; for license to an attorney, all
services included, four dollars; for filing and entering notice of alien's in-
tention to become a citizen, eighty cents; for filing and recording report of
alien, eighty cents; for administering oath of intention, eighty cents; for
filing and entering application to become a citizen and administering oath,
one dollar and sixty cents; for giving certificate (over seal of office) of citi-
zenship, eighty cents; for taking renunciation of dower or inheritance, one
dollar and sixty cents; for every search for a paper found (not to be
charged to the parties or attorneys when for papers in a case pending) ,
twelve cents; for every search necessary for a certificate that a paper is
not to be found in office, twenty cents; for swearing a magistrate or con-
stable in office, taking constable's bonds and giving certificates thereof,
eighty cents; for every probate in writing, twenty cents; for signing and
sealing dedimus potestatem, eighty cents; for official certificate to exem-
plification of record, eighty cents; for official certificate without the seal,
twenty cents; each day engaged in holding reference, eighty cents; making
up and returning report on reference, but no more than one report in each
case, two dollars and forty cents; for hearing application for discharge for
insolvent debtors, one dollar and sixty cents; for hearing the same when
litigated, three dollars and twenty cents; deed of conveyance, or mortgage,
one dollar and sixty cents; for recording and copying deeds or other papers,
per copy sheet of ninety words, seven cents; for entering satisfaction on a

§ 4934 Civil Code Page 14

mortgage, twenty cents; for recording or copying plats of not more than
six corners, eighty cents; and for every corner over six, eight cents; for
granting charter of incorporation, one dollar and sixty cents; for granting
charter to church, eighty cents.

1932 Code, § 4934; Civ. C. '22, § 5741; Civ. C. '12, § 4221; Civ. C. '02, § 3111; 1893
(21) 675.

§ 4934-1. Richland County.

(1) Payment — schedules. — Any litigant in the courts of common pleas,
general sessions, or county court of Richland County shall not be required
to pay any fee for the filing of the necessary papers in the office of the
clerk of court and all costs shall await the final outcome of the action and
shall be taxed against the losing party and upon said taxation being had,
all costs properly taxable shall be taxed in accordance with law: provided,
however, that no judgment shall be entered by the clerk of court for Rich-
land County until the costs then accrued have been paid and a certificate
furnished by the treasurer as to the payment of said costs: provided, further,
that in the case of attachments the clerk shall not sign the warrant for the
same until the costs have been paid and, provided, further, that where com-
plaint has been filed, upon settlement of said case a certificate of the treas-
urer that the costs have been paid shall be necessary before said settlement
shall be valid.

(a) The following schedule of fees is the amount of costs authorized to
be taxed and collected in the county of Richland and no costs shall be
taxed except in conformity with the provisions of the following schedule:
provided, however, where any fee is omitted from the schedule, in that case
the fees provided by the statute law of South Carolina shall govern;
Fees and commissions of clerk of circuit court:

Special order for bail .50. Signing and sealing each renewal of execution
.25. Entering satisfaction on judgment .25. Taking security for costs, enter-
ing order thereon if made .50. Recording decrees, (except foreclosure),
partitions and reports, if any, per copy sheet of ninety words .09. Signing
and sealing commission to examining witness 1.00. Examining each witness
de bene esse 1.00. Exemplification of proceedings or other office copy per
copy sheet of ninety words .09. Recording plot of land under order of the
court or copying the same 1.00. Rule survey .50. Issuing writ of attachment
for contempt or other special writ 1.00. Signing and sealing writ of hab. fac.
possessionem 1.00. Receiving and paying over money officially: two (2%)
per cent, if under three hundred ($300.00) dollars one (1%) per cent, for
the balance 1.00. Every appeal from magistrate, all services included, ex-
cept for issuing execution therein 1.00. Filing petition and signing writ de
lunatico inquirendo 1.00. Furnishing advertisements in cases of escheat,
exclusive of printer's bill 1.00. Recording whole proceedings therein 2.00.
Filing and entering notice of alien's intention to become a citizen 1.00.
Filing and recording a report of a lien 1.00. Administering oath of intention
1.00. Filing and entering application to become a citizen and administering
oath 2.00. Giving certificates (over seal of office) citizenship 1.00. Swearing
a magistrate or constable in office, taking constable's bonds, and giving cer-
tificates thereof 1.00. Signing and sealing dedimus potestatum 1.00. Official
certificate to exemplification of record 1.00. Each day engaged in holding
references 3.00. Hearing application for discharge of insolvent debtors 2.00.

Page 15 Fees and Costs § 4934-1

Hearing same when litigated 4.00. Making up and returning report on refer-
ence, but no more than one report in each case 3.00. Mortgages, real estate,
with or without dower, or other instruments securing payment of money
2.00. Deeds of conveyance, with or without dower 1.50. Chattel mortgages
securing less than $100.00 index .15. Chattel mortgages securing over
$100.00 $1.00.

(Provided, that if any of. the above original instruments, to-wit: mort-
gages, deeds or chattel mortgages exceed five pages in length, then there
shall be an additional charge of fifty cents per page for recording such
excess, provided, further, that the fee for recording any mortgage of per-
sonal property made to any corporation organized under the act of Congress
known as the Farm Credit Act of 1933, a regional agricultural credit cor-
poration, a federal intermediate credit bank or any other corporation which
rediscounts notes or other obligations with or procures loans from a Fed-
eral Intermediate Credit Bank, the Reconstruction Finance Corporation or
the government of the United States or any department, agency, instrumen-
tality or officer thereof, shall be seventy-five (75c) cents.)

Official notice of estray and filing papers 1.00. Recording and copying
deeds or other papers per copy sheet of ninety words .09. Entering satis-
faction on mortgage .25. Recording or copying plats or not more than two
(2) square feet in size, one ($1.00) dollar. For each additional square foot,
or fraction thereof, fifty (50c) cents. Enrolling and recording transcript of
judgments from magistrates' courts, and issuing execution thereon 1.00.
Recording assignment of mortgages, judgments or other instrument creat-
ing a lien .25. Recording release of lien of judgment or mortgage or other
instruments .25. Issuing writ of attachment in civil action, including costs
due sheriff's fees 5.00. Entering default judgment, including issuance of
execution 2.00. Certificates of removal to federal court and certifying record
5.00. Certifying transcript of record on appeal to supreme court 5.00. Costs
for each jury trial in court of common pleas 9.00. Costs for each jury trial
in the county court 6.00. Costs in the court of common pleas and County
Court to be paid before entry of judgment.

All costs to be paid the clerk of court for foreclosure of real estate mort-
gages and partitions shall be $10.00, same to be paid before entry of order
of judgment and sale: provided, if the property sells for less than $1,000.00,
the above costs for partition and foreclosure shall be one-half.

All costs for settled cases to be paid before final order 2.00. Registry of
notary public 1.00.

Master's fees:

Every day spent in the business of a reference 3.00. Making and filing re-
ports in a case 3.00. He shall be allowed commissions for moneys passing
through his hands by sale or otherwise, 1 /2 of 1 % . Each appointment of
guardian ad litem 1.00. Making and certifying, upon proper application to
him, any order which the master is authorized to grant 1.00. Taking, tran-
scribing, and filing any bond of guardian, receiver, or trustee, or any other
injunction or ne exeat bond 3.00. Examining and auditing accounts of
guardian, receivers or trustees 1.00. Granting commissions to take testi-
mony of witnesses or answers of absent defendants 1.00. Every deed or
mortgage prepared or executed by him 3.00. Proceedings on petition for
homestead 5.00.

In partition cases where the property sells for less than $1,000.00 and in

§ 4934-1 Civil Code Page 16

cases of foreclosure where the amount demanded is less than $1,000.00 only
one-half (1/ 2) of the fees shall be charged by the master.
Judge of probate fees:

Citation .50. Qualifying executor, administrator or guardian issuing let-
ters to either and recording such letters 2.50. Taking bonds from adminis-
trator or guardian and recording same 1.50. Issuing warrant of appraise-
ment certificate 1.00. Proving a will in common form and filing and certify-
ing the same 1.00. Recording will probate and certificate, per copy sheet of
ninety words .09. Proving a will in -solemn form and filing and certifying
the same 5.00. Filing and entering renunciation of executor .50. Dedimus
postatum to prove will or qualify an executor 1.00. Recording each inven-
tory and appraisement of an account of sales, each figure counting for one
word, per copy sheet of ninety words .09. Receiving, examining and filing
the annual or final accounts of each administrator, executor, or guardian,
for first year 3.00. Each succeeding year 1.00. Recording said accounts, per
copy sheet of ninety words .09. Hearing and filing petition for sale of per-
sonal estate and order 1.00. Hearing and filing petition for guardianship
and appointment of guardian and guardian ad litem 1.00. Entering a caveat
or withdrawing same .50. Hearing every litigated case, for each day en-
gaged, and not to exceed $12.00 in any one case 3.00. Swearing and examin-
ing each witness .15. Certifying copy of any paper on file in his office .50.
Copying such paper, per copy sheet of ninety words .09. Every rule issued
against defaulting witness or party failing to account 2.00. Every attach-
ment issued on the return of such rule 1.00. Furnishing and certifying copy
of proceedings in case of appeal 3.00. Every search .15. Every certificate
not hereinbefore specified .25. Hearing petition to sell real estate in aid of
assets and granting order therefor 2.00. Taking administrator's or execu-
tor's bond, in each case and recording same 1.50. Final discharge of execu-
tor, administrator or guardian and recording same 2.50. Proceedings in
dower, inclusive of all charges, where the amount is under two hundred
($200.00) dollars 5.00. When over that amount 10.00. Proceedings in lunacy
10.00.

Provided, where proceedings in lunacy • are only had by certificate of
physician 3.00. Proceedings and services setting off homesteads, including
titles 5.00.

Provided, that in estates where the value of the estate is $500.00 or less,
the costs to be paid shall be one-half (1/2) of the costs herein provided for.

Receiving and paying over money officially two (2 % ) per cent, if under
$300.00; if over that sum two (2%) per cent, on the first $300.00, and one
(1 % ) per cent, for the balance.

Provided, further, that in estates of less than five hundred ($500.00) dol-
lars, no publication for any purpose shall be required to be inserted in any
newspaper, but in lieu thereof notices to be posted at the court house door,
which shall have the same force and effect as if published.

Provided further, that when the fees above set forth, as fixed for the
judge of probate, do not cover an item the charge for such item shall be
the same as that provided in the schedule of fees of other county officers,
with limitations, however, as hereinabove set forth.

In case of rule to show cause against defaulting fiduciary costs are not
necessary to be paid in advance. The judge of probate shall not be required
to collect in advance any costs for the purpose of issuing any necessary

Page 17 Fees and Costs § 4934-1

rule against defaulting fiduciary.

Issuing marriage license 1.00. Issuing certified copy of marriage license
.25. Commissions as public guardian same as allowed general guardian.
Entering land devised 1.00.
Sheriff's fees:

Entering every writ, summons process, execution, or other paper in writ
or execution book, and making endorsements thereon .25. Serving every
writ, summons,, notice or rule, not otherwise herein specified, besides mile-
age 1.00. Mileage from court house to defendant or witness' residence, or
place where found, going and returning each way, per mile .05.

Provided, said sheriff shall charge mileage for only the actual number
of miles traveled by himself or deputy and in case more than one party or
witness in the same case or parties or witnesses in different cases are served
on one trip the mileage fee herein provided shall be prorated and charged
according to the number of parties served.

Conveying lunatics to the asylum, per day and actual necessary ex-
penses 2.00.

Provided, the sheriff may, in extreme cases call not more than two con-
stables and be allowed therefor one dollar per day and actual expenses.

Serving subpoena writ, and mileage on each ticket .50. Search for persons
or goods not found and returned on the execution of non est inventum or
nulla bona .50. Each execution returned to clerk's office on schedule .25.
Levying executions or attachments, besides mileage 1.00. Bringing up pris-
oner under habeas corpus, to be paid by prisoner if able, if not, by the
county, besides mileage and necessary expenses 1.00. Commissions on all
moneys collected by him, if under three hundred ($300.00) dollars, two
(2%) per cent; if over that sum, two (2%) per cent for the first three
hundred ($300.00) dollars and one (1%) per cent for the balance, and one-
half of one per cent on all sums paid to plaintiff, his agent or attorney on
execution lodged with the sheriff.

Execution lodged to bind, with order not to levy .50. Advertising de-
fendant's property, in addition to printer's bill 1.00. Drawing and execut-
ing a deed of conveyance or taking a mortgage 2.00. Drawing and execut-
ing each bill of sale, when required by purchaser 2.00. No sheriff shall
charge more than one bill of sale for property bought at the same sale by
the same party.

For executing a writ of habere facias possessionem, besides mileage
$1.00. Transferring money bonds or other securities for money to party, one-
half of one (1%) per cent.

For selling land under decree of court, in lieu of commissions and all
other charges, except for advertising 2.00. Summoning freeholders to try
suggestions of fraud 5.00. Every fine paid before levy .50. Every fine paid
after levy and before sale 1.00. The service and execution of papers issued
by a magistrate, the sheriff, or his deputy serving or executing the same
shall be allowed the same fees as are allowed the constables.

(2) Payment of certain probate costs. — Any person who desires to act as
administrator of a decedent's estate for the purpose of bringing any suit
for any cause shall not be required to pay the probate costs: provided, such
person shall make an affidavit, duly sworn to, that he is unable to pay the
costs, which affidavit shall be approved by the treasurer of Richland
County, and this will entitle the probate judge to issue the papers without

§ 4934-1 Civil Code Page 18

costs: provided, that this shall not include the waiving of the payment of
any money for necessary advertising or necessary expenditure on the part
of the probate court: provided, further, that upon said case being settled
that the party who shall make the affidavit shall agree under oath to pay
to the judge such costs as may be due first out of any settlement and before
any distribution thereof is made.

(3) Recording, etc.. of papers for charitable organizations and veterans —
The clerk of court and judge of probate for Richland County shall have
authority, upon it being certified to him in writing that any paper is to be
recorded for any charitable organization to waive the fees, upon the same
being approved by the treasurer and, further, shall have the authority to
record all honorable discharges for war veterans without costs and with-
out waiver by the treasurer. The judge of probate for Richland County shall
have authority, upon it being certified to him in writing that any paper in
his office is to be copied or certified for any charitable organization, to
waive the fees, upon the same being approved by the treasurer.

(4) Record state and county papers without costs. — The clerk of court for
Richland County shall have the authority to record all papers for the State
of South Carolina and the county of Richland or any school district, State
or county, governmental agency, or department of the county of Richland,
without costs: provided, said papers show upon their face that the same is
one of the ones named in this section.

(5) Criminal process. — Nothing in this section and section 4729 shall be
deemed, held or construed to apply to criminal process or cases.

(6) Penalties. — Any official violating any of the terms, conditions or pro-
visions of this section and § 4729 shall be guilty of a misdemeanor and
upon conviction shall be subject to a fine of not more than five hundred
($500.00) dollars, or imprisonment for not more than twelve (12) months,
either or both, in the discretion of the court, and shall be immediately re-
moved from office by the Governor.

1936 (39) 1755.

§ 4935. Clerk of court, Saluda County.

(1) Recording fees. — The following fees shall be allowed to the clerk of
court of Saluda County in lieu of all fees now allowed by law: for record-
ing a deed or a mortgage on real estate, with or without renunciation of
dower, and certifying same in the back thereof, seventy-five cents (75c) :
provided, such deed or mortgage does not exceed fifteen hundred words,
in which case he shall be entitled to receive and collect an additional sum of
eight cents per hundred words over one thousand; for recording each chat-
tel mortgage under one hundred dollars, and certifying same on back there-
of, 50 cents: provided, such chattel mortgage does not exceed one thousand
words, in which case he shall be entitled to charge and receive an addi-
tional sum of eight cents per hundred words on all words over one thou-
sand; for indexing each chattel mortgage under one hundred dollars, and
certifying same on the back thereof, ten cents; for indexing each agricul-
tural lien, and certifying same on the back thereof, ten cents; for recording
each lien and mortgage combined, and certifying same on the back thereof,
50 cents; for entering each satisfaction on the record of a mortgage of real
estate or a chattel mortgage, and certifying same on the back thereof, ten
cents; for recording or copying plats of not more than six corners, seventy-

Page 19 Fees and Costs § 4936

five cents, for every corner over six, six cents; for every probate in writ-
ing, twenty-five cents; for every certificate, except the certificate on the
back of paper recorded by him, and certificates of judicial records in his of-
fice required for the court or a judge thereof, twenty-five cents; for re-
cording any other paper required by law to be recorded, except judicial
records, eight cents per hundred words.

1932 Code, § 4935; Civ. C. '22, § 5742; 1916 (29) 807.

§ 4936. Register of mesne conveyance, Spartanburg County. — The regis-
ter of mesne conveyance of the county of Spartanburg shall be entitled to
charge fees as hereinafter prescribed: "A." For recording a deed to real es-
tate without renunciation of dower, where the number of words in such
deed does not exceed one thousand, eighty-five cents; for a deed to real es-
tate with renunciation of dower, where the number of words in such deed
does not exceed one thousand, ninety cents; for recording a mortgage of
real estate without renunciation of dower, where the number of words in
such mortgage does not exceed one thousand, one dollar and fifteen cents;
for recording a mortgage of real estate with renunciation of dower, where
the number of words in such mortgage does not exceed one thousand, one
dollar and twenty-five cents; and for recording any deed to, or mortgage
of, real estate where the number of words shall exceed one thousand, he
shall be entitled to charge ten cents for every additional one hundred words
or fraction thereof; for' recording a chattel mortgage without a note, where
the number of words does not exceed five hundred, fifty-five cents; for re-
cording a chattel mortgage with a note, where the number of words does
not exceed live hundred, seventy-five cents, and for recording a chattel
mortgage, where the number of words exceeds five hundred, he shall be
entitled to charge for every additional one hundred words, or fraction
thereof, ten cents; for indexing a chattel mortgage of one hundred dollars
or less he shall be entitled to charge fifteen cents for each name; for an
exemplification certificate of the record he shall be entitled to charge one
dollar, and for copies of the record the same fees as are herein prescribed
for recording such papers; for each ordinary satisfaction of a mortgage or
other lien, where entered on the record, fifteen cents; and when such satis-
faction is recorded, twenty-five cents; for recording or entering on the
record all unusually long record of satisfaction he shall receive the same
fees as are herein prescribed for recording deeds and mortgages; for filing
and recording a mechanic's lien he shall be entitled to charge one dollar and
twenty-five cents, and for filing and recording a warrant of attachment one
dollar and twenty-five cents; for recording a plat of land, one dollar, where
the corners of such plat do not exceed four, and where such corners do ex-
ceed four, eight cents for each additional corner; for recording a charter,
where the number of words in such charter does not exceed fifteen hun-
dred, one dollar and seventy-five cents, and for each additional one hun-
dred words in excess of fifteen hundred, or any fraction, thereof, ten cents.
"B." For recording deeds of master, sheriff, judge of probate, or executor,
where the number of words in deed does not exceed twelve hundred, he
shall be entitled to charge one dollar, and where the number of words does
exceed twelve hundred, ten cents for each additional one hundred words or
fraction thereof. "C." For recording homestead proceedings he shall be en-
titled to charge a fee of five dollars; for each search of the records he may

§ 4936 Civil Code Page 20

charge a fee of fifteen cents; for recording leases, powers of attor-
ney, bonds for title, agreements, contracts, and other papers required by
law to be recorded in the office of the register of mesne conveyance, he
shall be entitled to charge a fee of seventy-five cents, where the number of
words does not exceed five hundred, and ten cents for each additional one
hundred words, or fraction thereof in excess of five hundred.
1932 Code, § 4936; Civ. C. '22, § 5732; 1912 (27) 673.

§ 4937. Clerk of court. Sumier County. — The fees of the clerk of the court
of Sumter County shall be as now provided by law, except as follows: for
signing and filing order appointing guardian ad litem, twenty-five cents;
for signing and filing order of reference, twenty-five cents; for recording
real estate mortgages of two thousand words or under, one dollar and fifty
cents; for recording like mortgages of more than two thousand words, one
dollar and fifty cents for the first two thousand words, and for additional
words at the rate of ten cents per one hundred words; for recording deeds
of real estate, one dollar, including the auditor's fee of twenty -five cents;
for recording agricultural mortgages of one hundred dollars and over, one
dollar; indexing agricultural mortgage under one hundred dollars, thirty
cents; recording chattel mortgages over one hundred dollars, fifty cents;
indexing chattel of one hundred dollars and less, fifteen cents.

1932 Code, § 4937; Civ. C. '22, § 5744; Civ. C. '12, § 4222; 1909 (26) 147; 1910 (26)
714; 1930 (36) 2072, § 1; 1935 (39) 124; 1938 (40) 1675.

See § 4928-2 for collection of court cost.

§ 4937-1. Clerk of court. Union County.

(1) Record certain deeds and mortgages. — In the county of Union, in ad-
dition to the fees now provided for the recording of certain instruments
under the provisions of section 4925, the clerk of court, ex-officio register
of mesne conveyance, of said county shall be allowed to charge and col-
lect the sum of ten (10c) cents per hundred words for all words contained
in any deed or mortgage in excess of one thousand (1,000) words, and re-
corded by him.

(2) Claim and delivery proceedings involving property of twenty-five
($25.00) dollars and under. — In all claim and delivery proceedings instituted
or held in Union County involving matters and property of twenty-five
($25.00) dollars and under, the fees and costs shall be fifty (50%) per
centum of those now provided by law for claim and delivery proceedings.

1936 (39) 1345; 1939 (41) 78.

§ 4938. Clerk of court and register of mesne conveyance, Williamsburg
County. — The law as to the fees to be received by the clerk of court and
register of mesne conveyance for Williamsburg County shall be as now pro-
vided by law, except as hereinafter provided, to wit: for indexing chattel
mortgage, 15 cents; for recording bill of sale, 50 cents; for recording mort-
gage personal property, 75 cents; for recording mortgage personal prop-
erty, when over 750 words in length, 10 cents per hundred words; for re-
cording mortgage of real estate, $1.00; for recording mortgage of real es-
tate, when over 1,000 words in length, 10 cents per hundred words; for re-
cording deed to real estate (usual form) , 75 cents; for recording deed to
real estate, when same has more than one dower or more than one probate,
10 cents for each extra probate and 25 cents for each extra dower, in addi-

Page 21 Fees and Costs § 4939

tion to the regular fee of 75 cents; for recording satisfaction of mortgage
and cancelling index of same, 15 cents; for recording charter (usual form),
$1.00; for recording transfers of mortgage, 10 cents; for recording release
of part of property contained in mortgage, 15 cents; for recording any other
paper required to be recorded, 10 cents for every 100 words; for indexing
labor contracts, 10 cents; for registering physician's license, $1.00; for reg-
istering notary commission, 25 cents; for signing and sealing summons, 50
cents; for filing complaint, 50 cents; for filing each answer, demurrer or re-
joinder in demurrer, 25 cents; for signing and sealing subpoena writ, 50
cents; for docketing a cause, one charge only at each term, 15 cents; for
attending the trial of a cause, and swearing witnesses, 50 cents; for enter-
ing verdict on minutes of the court, 25 cents; for filing affidavits for con-
tinuance when ordered by the judge, 25 cents; for signing, entering and
enrolling judgment, 75 cents; for recording judgment, entering on abstract
and indexing same, $1.50; for signing and sealing first execution, 50 cents;
for signing and sealing each renewal of execution, 25 cents; for entering
satisfaction on judgment, 25 cents; for filing transcript from magistrate's
court, enrolling on abstract and indexing same, $1.25; for filing transcript
from common pleas court, enrolling on abstract and indexing same, $2.25;
for recording decree, partition of foreclosure, reports, pleadings and other
papers in any action necessary to be recorded in the common pleas journal
or pleadings and judgment book, and for indexing same, 10 cents per hun-
dred words; for taking and filing bonds in attachment, or in other cases,
when no witnesses are examined, 50 cents; for taking and filing bonds in
attachment, or in other cases, when witnesses are examined or qualifica-
tion is questioned, $3.00 for each day engaged in the hearing; for each
order appointing guardian ad litem, or other order under seal of office,
$2.00; for each day engaged in holding reference, $3.00; for report of refer-
ence held, $3.00; for swearing each witness at reference, 25 cents; for exe-
cuting deed under order of court, $3.00; for taking bond and mortgage to
secure purchase of land under order of court, $3.00; for receiving money
officially, two per cent, for first three hundred dollars, and one per cent,
for balance; for disbursing money officially, other than the clerk's costs and
commissions, one-half of one per cent.: for recording plats of not more than
six corners, 75 cents; and for every corner over six, 6 cents; on every ap-
peal from magistrate, all services included, except for entering of judg-
ment and issuing execution therein, $1.00; for giving certificate (over seal
of office), 50 cents; for swearing a magistrate or constable in office, taking
constable's bond, and giving certificate thereof, $1.00; for filing lis pendens,
25 cents: provided, that for recording mortgages or deeds conveying more
than one tract or lot of land an additional fee of 25 cents per tract or lot
may be charged by the clerk of court of Williamsburg County.

1932 Code, § 4938; Civ. C. '22, § 5743; 1912 (27) 626; 1916 (29) 807.

§ 4938-1. Clerk of court and register of mesne conveyance, York County.
(1) Fee for search abolished. — The fee for searches now provided by law
and collected by the clerk of court and register of mesne conveyance of
York County is hereby abolished.

1933 (38) 49.

§ 4939. Endorsement make on paper recorded. — Whenever any instrument
in writing required by law to be filed and recorded has been so recorded,

§ 4939 Civil Code Page 22

the clerk or register shall endorse on said instrument a certificate showing

the date and the book and page where recorded, and for this certificate no

fee shall be charged or collected.

1932 Code, § 4939; Civ. C. '22, § 5735; Civ. C. '12, § 4216; Civ. C. '02, § 3106; 1898
(22) 691.

§ 4940. Referee. — Each referee shall be entitled to receive for every day
occupied in the business of the reference, the sum of three dollars; but the
parties may agree in writing upon any other rate of compensation.

1932 Code, § 4940; Civ. C. '22, § 5745; Civ. C. '12, § 4223; Civ. C. '02, § 3112; G. S.
2423; R. S. 2556; 1878 (16) 630; 1888 (20) 31.

§ 4941. Masters. — Masters shall be entitled to the following fees: for every
day spent in the business of a reference, three dollars, but the parties may
agree in writing on any other rate of compensation; for making and filing
each report in a cause, three dollars; swearing and taking testimony of each
witness produced, twenty-five cents; he shall be allowed the same com-
missions for moneys passing through his hands by sales or otherwise, as
are now allowed by law to sheriffs; for each appointment of guardian ad
litem, two dollars; for making and certifying, upon proper application to
him, any order, which the master is authorized to grant, two dollars; for
taking, transcribing and filing any bond of guardian, receiver, or trustee,
or any other injunction or ne exeat bond, three dollars; for examining and
auditing accounts of guardians, receivers, or trustees, one dollar; for grant-
ing commissions to take testimony of witnesses or answers of absent de-
fendants, one dollar; for every deed or mortgage prepared or executed by
him, three dollars; for proceedings on petition for homestead, five dollars.

Except in Anderson County, where the master shall receive for every
day spent in the business of a reference, two dollars and twenty-five cents,
but the parties may agree in writing on any other rate of compensation;
for making and filing each report in a cause, two dollars and twenty-five
cents; swearing and taking testimony of each witness produced, fifteen
cents; he shall be allowed the same commissions for moneys passed through
his hands, by sale or otherwise, as are now allowed by law to sheriffs; for
each appointment of a guardian ad litem, one dollar and fifty cents; for
making and certifying, upon proper application to him, any order which
the master is authorized to grant, one dollar and fifty cents; for taking,
transcribing and filing any bond, guardian, receiver, or trustee, or any
other injunction or ne exeat bond, two dollars and twenty-five cents; for
auditing and examining accounts of guardians, receivers, or trustees, sev-
enty-five cents; for granting commissions to take testimony of witnesses
or answers of absent defendant, seventy-five cents; for every deed or mort-
gage prepared or executed by him, two dollars and twenty-five cents: pro-
vided, that in Sumter County the master shall receive one-half of one per
cent, on all moneys paid to the parties direct by order of the court in cases
pending before him, and in all sales he shall be entitled to a minimum fee
of two dollars for his commissions. Provided, further, that the master of
Aiken County shall receive a fee of five ($5.00) dollars per day for holding
references in all litigated cases where the value of the subject matter of
litigation exceeds the sum of five hundred ($500.00) dollars. The said fees
shall be taxed as costs, the same as the master's fees are now taxed in said
county: provided, further, that the master for Florence County shall re-

Page 23 Fees and Costs § 4942

ceive a fee in all litigation cases of ten dollars ($10.00) per day for holding
references and that he shall receive five ($5.00) dollars each for deeds and
mortgages executed by him: provided, that the fees of the master may be
fixed specially by the presiding judge of the circuit for Horry County; if
not, he shall be paid the fees for services performed provided by the law
for masters: provided, that the master for Sumter County shall receive a
fee in all litigated cases of ten ($10.00) dollars per day for holding refer-
ences.

1932 Code, § 4941: Civ. C. '22, § 5746; Civ. C. '12, § 4224; Civ. C. '02, § 3113; 1894
(21) 933; 1911 (27) 85; 1921 (32) 123; 1925 (34) 76, 112; 1926 (34) 1037; 1939 (41) 173.

Counsel's agreement lhat amount of master extra compensation. Steward &

master's and stenographer's costs should Kernaghan, Inc., v. Fidelity & Deposit

be fixed by judge constituted agreement Co. of Maryland, 169 S. C. 516, 169 S.

only that court should fix costs provided E. 434.
by law, and not that judge should allow

§ 4942. Probate judges in certain counties. — Except in Marion, Anderson
and Orangeburg Counties, the probate judge shall receive: for a citation,
fifty cents; for qualifying executor, administrator or guardian, issuing let-
ters to either and recording such letters, two dollars and fifty cents; for
taking bond from administrator or guardian and recording same, one dol-
lar; for issuing warrant of appraisement and oath, fifty cents; for proving
a will in common form and filing and certifying the same, one dollar; for
proving a will in solemn form and filing and certifying the same, five dol-
lars; for recording will, probate and certificate, per copy sheet of ninety
words, nine cents; for filing and entering renunciation of executor, fifty
cents; for dedimus potestatem to prove will or qualify an executor, one
dollar; for recording each inventory and appraisement of account of sales,
each figure counting for a word, per copy sheet of ninety words, nine cents;
for receiving, examining and filing the annual or final accounts of each ad-
ministrator, executor or guardian, for first year, three dollars; for each
succeeding year, one dollar; for recording said accounts, per copy sheet of
ninety words, nine cents; for hearing and filing petition for sale of personal
estate and order, one dollar; for hearing and filing petition for guardianship
and appointment of guardian or guardian ad litem, one dollar; for entering
a caveat or withdrawing the same, fifty cents; for hearing every litigated
case; three dollars for each day engaged, not to exceed twelve dollars in any
one case; for swearing and examining each witness, fifteen cents; for cer-
tifying copy of any paper on file in his office, fifty cents; for copying such
paper, per copy sheet of ninety words, nine cents; for every rule issued
against defaulting witness or party failing to account, two dollars; for
every attachment issued on the return of such rule, one dollar; for furnish-
ing and certifying copy of proceedings in case of appeal, three dollars; for
every search, fifteen cents; for every certificate not hereinbefore specified,
twenty-five cents; for hearing petition to sell real estate in aid of assets and
granting order therefor, two dollars; for taking administrator's or execu-
tor's bond, in each case, one dollar; for final discharge of executor, adminis-
trator or guardian, two dollars; for proceedings in dower, inclusive of all
charges, where the amount is under two hundred dollars, five dollars; when
over that amount, ten dollars; for proceedings in lunacy, ten dollars; pro-
vided, where proceedings in lunacy are only had by certificate of physi-
cians, three dollars; for proceedings and services setting off homestead, in-

§ 4942 Civil Cods Page 24

eluding titles, five dollars: provided, that in case the amount of estate in
the probate court does not exceed two hundred and fifty dollars, the cost
to be taxed on the case shall not exceed one-half of the amount above al-
lowed; receiving and paying over money officially, two per cent., if under
three hundred dollars; if over that sum, two per cent, for the first three
hundred dollars, and one per cent, for the balance: provided, farther, that
the judge of probate of Cherokee County shall not charge or receive more
than one-fourth of the fees hereinbefore fixed and allowed when the value
of the personal estate of any deceased person, or any infant, lunatic, or
other ward or cestui que trust in the hands of his personal representative
or of his guardian, committee or other trustees is more than one hundred
dollars and less than two hundred dollars, and when the value of such es-
tate is more than one thousand dollars he may add twenty-five per cent, to
said costs and fees. The judge of probate of Cherokee County, when the
value of the personal estate of any deceased person, or any infant, lunatic,
or other ward or other cestui que trust in the hands of his personal repre-
sentative or of his guardian, committee, or other trustee, is more than one
hundred ($100.00) dollars and less than two hundred ($200.00) dollars,
shall receive or charge not more than five per cent, of the estate, and where
said personal estate is less than one hundred ($100.00) dollars he shall not
charge or receive more than ten per cent, of said estate. And provided fur-
ther, that in estates of less than two hundred ($200.00) dollars no publica-
tion for any purpose shall be required to be inserted in any newspaper, but
in lieu thereof, notices to be posted at the court house door, which shall
have the same force and effect as if published: provided, that in the coun-
ties of Marlboro, Sumter, Clarendon, Darlington, Dillon and Florence,
judges of probate shall receive: for filing every summons, petition, caveat,
or other paper, entering same on journal, file-book or calendar and index-
ing same, fifty cents; for each citation notice issued, fifty cents; for hear-
ing petition and granting order thereon in uncontested cases, one dollar
and fifty cents; in contested cases, per day, three dollars; for qualifying
executors, administrators, guardians or committees, issuing letters to each
and recording same, two dollars and fifty cents; for each bond taken, justi-
fication of surety or sureties, and recording same, one dollar and twenty-
five cents; for each warrant of appraisement, qualifying the appraisers and
recording same, one dollar; for proving each will, or codicil, in common
form of law, one dollar; for proving will or codicil in solemn form of law,
five dollars; for examining and vouching the annual or final returns of
executors, administrators, guardians, trustees or committees for each item
vouched, ten cents; for each item not vouched, five cents; for recording wills
or codicils, testimony in contested cases, orders of court, final and annual
returns, inventories, and appraisers (each figure counting as one word) ,
and verifying and certifying same as being correct, per one hundred words,
twenty cents; for certified copies of same on appeal or otherwise, including
certificate, per one hundred words, twenty cents; for ordinary entries in
journal, and other recording not herein provided for, per one hundred
words and figures, fifteen cents; for certified copies of same, including cer-
tificate, on appeal or otherwise, same price per one hundred words and fig-
ures, fifteen cents; for every rule against defaulting witness or party fail-
ing to account or otherwise, two dollars; for every attachment or return of
rule, one dollar; enrolling all papers pertaining to an estate, placing same

Page 25 Fees and Costs § 4943

inside of wrapper, numbering same, and placing it on general index of es-
tates and in proper bundle and case, one dollar; on trial of every litigated
case in which testimony is taken, stenographer's fees, same as in master's
court, and fifteen cents for swearing each witness; for final discharge of
each executor, administrator, guardian or committee, two dollars; proceed-
ing to sell real estate in aid of assets, and order thereon, five dollars; pro-
ceedings m dower, if estate is under two hundred dollars, five dollars; if es-
tate is two hundred dollars or over, ten dollars; proceeding and service in
setting off homestead, five dollars; proceedings in lunacy and appointment
of committee, ten dollars; proceedings in lunacy under laws governing state
hospital, ten dollars; receiving and paying over money, if amount is under
two hundred dollars, two per centum; if amount is three hundred dollars or
over, two per centum on first three hundred dollars, and one per centum
on balance; recording description of devised lands in book provided for
that purpose and indexing same for name of each devisee, one dollar; for
each plat recorded in this or other books, one dollar for first six corners,
and fifteen cents for each additional corner; for dedimus potestatem to
prove will or qualify executor, or administrator, one dollar, for other offi-
cial services, same as allowed clerks of court, masters or notaries public:
provided, that the probate judge of Marlboro County be allowed to retain
the fee of one dollar as compensation for issuing each marriage license.

1932 Code, § 4942; Civ. C. '22, § 5747; Civ. C. '12, § 4225; Civ. C. '02, § 3114; G S
2435; R. S. 255S; 1880 (17) 300; 1898 (22) 696; 1908 (25) 1070, 1113; 1909 (26) 28; 1922
(32) 790; 1939 (41) 195; 1940 (41) 1697.

See notes to section 4923.

§ 4943. Probate judge, Anderson County. — In Anderson County the pro-
bate judge shall receive: for a citation, forty cents; for qualifying execu-
tor, administrator or guardian, issuing letters to either and recording such
letters, two dollars; for taking bond from administrator to guardian and re-
cording same, seventy -five cents; for issuing warrant of appraisement and
oath, forty cents; for proving a will in common form and filing and certify-
ing the same, seventy -five cents; for proving a will in solemn form and fil-
ing and certifying the same, four dollars; for recording will, probate and
certificate, per copy sheet of one hundred words, eight cents; for filing and
entering renunciation of executor, forty cents; for dedimus protestatem to
prove will or qualify as executor, seventy-five cents; for recording each in-
ventory and appraisement of account of sales, each figure counting for a
word, per copy sheet of one hundred words, eight cents; for receiving,
examining and filing the annual or final accounts of each administrator,
executor, or guardian, for first year, two dollars; for each succeeding year,
one dollar; for recording said accounts, per copy sheet of one hundred
words, ten cents; for hearing and filing petition for sale of personal estate
and order, seventy-five cents; for hearing and filing petition for guardian-
ship and appointment of guardian or guardian ad litem, seventy-five cents;
for entering a caveat or withdrawing the same, forty cents; hearing every
litigated case, two dollars for each day engaged, not to exceed ten dollars
in any one case; for swearing and examining each witness, ten cents; for
certifying copy of any paper on file in his office, fifty cents; for copying such
paper, per copy sheet of one hundred words, eight cents; for every rule
issued against defaulting witness or party failing to account, one dollar;

§ 4943 Civil Code Page 26

for every attachment issued on the return of such rule, seventy-five cents;
for furnishing and certifying copy of proceedings in case of appeal, two
dollars; for every such, fifteen cents; for every certificate not hereinbefore
specified, twenty-five cents; for hearing petitions to sell real estate in aid
of assets and granting order therefor, two dollars; for taking administra-
tor's or executor's bond, in each case, seventy-five cents; for final discharge
of executor, administrator or guardian, two dollars; for proceedings in
dower, inclusive of all charges, where the amount is under two hundred
dollars, five dollars; when over that amount, ten dollars; for proceedings in
lunacy, five dollars: provided, where proceedings in lunacy are only had
by certificate of physician, three dollars; for proceedings and services set-
ting off homesteads, including titles, five dollars: provided, that in case the
amount of estate in the probate court does not exceed two hundred and
fifty dollars the cost to be taxed on the case shall not exceed one-half of
the amount above allowed. Receiving and paying over money officially,
two per cent., if under three hundred dollars; if over that sum, two per
cent, for the first three hundred dollars, and one per cent, for the balance.

1932 Code, § 4943; Civ. C. '22, § 5748; Civ. C. '12, § 4226; Civ. C. '02, § 3115; 1894
(21) 932.

§ 4944. Probate judge, Barnwell County. — The fees for the probate judge
of Barnwell County are hereby revised so as to read as follows: for every
citation, fifty cents; for qualifying executors, administrators, guardians,
and issuing letters to either and recording such letters, two dollars and
fifty cents; for taking bond for either, one dollar and twenty -five cents; is-
suing warrant of appraisement, one dollar; for proving will in common form
and certifying same, one dollar and fifty cents; for proving will in solemn
form, filing and certifying same, five dollars; filing and entering renuncia-
tion of executor, fifty cents; for dedimus potestatum of proving will or
qualifying the executor, one dollar and twenty-five cents; for taking and
examining returns of administrators, executors or trustees, first return
three dollars, besides recording fee and each succeeding return, one dollar
and fifty cents and recording fees; for every reference or hearing, three
dollars per day; for filing petitions or other papers, twenty-five cents; for
entering a caveat or withdrawing one, fifty cents; for hearing every litigated
case, three dollars for each day engaged not to exceed twelve dollars in
any one case; for swearing and examining each witness, twenty-five cents;
for certifying copy of any paper on file in the office, fifty cents; for every
rule issued, two dollars; every attachment issued on such rules, one dollar;
for furnishing certified copies of proceedings in cases on appeal, nine cents
for every ninety words and three dollars for certifying same; for every
search, twenty-five cents; for every certificate not hereinbefore specified,
twenty-five cents for taking administrators', executors', guardians' or trus-
tees' bond, one dollar; for an order of discharge of executors, administra-
tors or guardian, two dollars; for issuing letters dismissory, two dollars; for
proceedings in dower in all cases where amount is under two hundred dol-
lars, five dollars; where over that amount not less than ten dollars; for pro-
ceedings in lunacy, ten dollars; for proceedings in setting off homestead,
including title, seven dollars and fifty cents; receiving and paying over
money officially, three per cent, up to three hundred dollars, one and one-
half per cent, over three hundred dollars and up to one thousand dollars,

Page 27 Fees and Costs § 4946

one per cent, over one thousand dollars and up to five thousand dollars;
one-half of one per cent, for all over five thousand dollars.
1932 Code, § 4944; 1923 (33) 130.

§ 4945. Probale judge, Cherokee County — investigations relating to aban-
doned children. — The county commissioners of Cherokee County are hereby
required to pay to the probate judge of said county such fees as now are
fixed by law in case of investigations required in behalf of abandoned
children, or such fees for like services in lunacy investigations.
1932 Code, § 4945; Civ. C. '22, § 5749; 1919 (31) 68.

§ 4946. Judge of probate, Georgetown, Marion, Union, and Orangeburg
Counties. — In Union, Marion and Orangeburg Counties the probate judge
shall receive: for each citation to kindred and creditors, and each neces-
sary copy thereof, sixty cents; for qualifying each executor, adminisrator
or guardian, issuing letters to either, and recording same, three dollars;
for preparing petition for administrator or guardian and filing same, two
dollars; for each order, one dollar and twenty-five cents; for taking bond
for each administrator, guardian or executor, and recording same, one dol-
lar and twenty-five cents; for each warrant of appraisement and recording
same, sixty cents; for proving a will in common form, one dollar and
twenty-five cents; for proving a will in due form of law, certifying same
and recording, six dollars; for recording will, probate and certificate, and
for recording any and all other papers required by law to be recorded in his
office, ten cents per hundred words; for taking, receiving and filing annual
returns of executors, administrators, guardians and trustees, for the first
and last returns, three dollars, and for all other of such returns, two dol-
lars; for hearing and filing petition for sale of personal property, and re-
cording same, with order thereon, one dollar and fifty cents; for petition
and order for appointment of guardian ad litem, two dollars for each minor;
for hearing or reference in any litigated case, three dollars and fifty cents for
each day so engaged, fifty cents for each witness sworn, ten cents per hun-
dred words for taking the testimony at such hearing or reference; for cer-
tifying to any paper on file in his office, fifty cents for each certificate and
ten cents for each hundred words in copying same; for furnishing on ap-
peal, copy of proceedings, or cases, before him, ten cents per hundred
words and fifty cents for each necessary certificate; for hearing petition to
sell estate in aid of assets, three dollars and a half for each day so engaged,
fifty cents for each witness examined, ten cents per hundred words for
taking the testimony, and one dollar and twenty-five cents for each order,
and the fees above provided for recording same; for final discharge of
executors, administrators and guardians, three dollars and fifty cents; for
proceedings in dower and in setting off homestead, the same fees allowed
in proceedings to sell lands in aid of assets; for proceedings in lunacy, ten
dollars; for receiving and paying over money, officially, two per cent, on
the first four hundred dollars, and one and a half per cent, on all money
over and above four hundred dollars; for each marriage license, one dollar
any twenty-five cents; for administering any oath, twenty-five cents; for
taking renunciation of dower, one dollar; for filing and docketing each
summons and complaint or notice, each fifty cents; for selling each lot or
tract of land, two dollars; for each deed or mortgage executed or made by

§ 4946 Civil Code Page 28

him, three dollars and fifty cents; for each report made by him, as master,
three dollars and a half: provided, that the parties to the cause, in cases
where they are referred to him by the court of common pleas, may agree on
further and additional compensation when circumstances justify same;
and, in all other instances, matters and cases, where compensation is not
herein specifically provided, he shall receive the same fees and compensa-
tion as allowed by law to other officers for like services: provided, the
judge of probate of the county of Georgetown shall receive as compensa-
tion for his services, in addition to his salary, all fees now allowed by law
to be charged by judges of probate in this State: provided, that in Orange-
burg County in case the amount of the estate in the probate court does not
exceed three hundred ($300.00) dollars, the fees shall not exceed one-half
(V2) of the fees allowed in said section.

1932 Code, § 4946; Civ. C. '22, § 5750; Civ. C. '12, § 4227; 1908 (25) 1122; 1921 (32)
57; 1924 (33) 1112; 1925 (34) 87.

§ 494G-1. Probate judge, Spartanburg County.

(1) Schedule of fees, probate court. — The following schedule of costs and
fees shall be charged for filing and recording in the probate court of Spar-
tanburg County:

Petition and order ...$1.25

This item shall include petitions for letters, petitions to prove wills, and
the orders thereon, including the order admitting a will to probate, to-
gether with the qualification of fiduciary.

Inventory, warrant of appraisement and appraisement, all three 1.25

Probate of codicil .50

Letters 2.50

Bonds 1.50

Renunciation .50

First annual return 3.25

Second or subsequent return 1.25

Summons and complaint or petition 1.25

Where summons filed separately, 75c for summons and 75c for complaint.

Answer, return or reply .50

Citation, subpoena or warrant of arrest or attachment 50

Hearings, each 3.00

Dedimus - - — - - _ .50

Recording or copying, per legal cap double-spaced typewritten page.. .25

Entry of caveat or notice requiring proof of will in solemn form. _. .50

Certifying copy of document, orders, etc. .50

Certifying record for appeal __ 3.00

Final or partial settlement 4.25

(Discharge and final return included in final settlement)

Letters dismissory 1.00

Receiving and paying out money as public administrator 5 % of the amount
handled.

(2) Fees if no real estate or value thereof less than $1,000.00 and person-
alty less than $500.00. — If there be no real estate involved or if the appraised
value of the real estate involved be less than $1,000.00 and the personal
property of the estate be less than $500.00, the costs and fees chargeable
shall be computed to the nearest five (5c) cents above one-half of the above

Page 29 Fees and Costs § 4947

schedule.

(3) Fees if no real estate op value thereof less than $500.00 and personalty
less than $100.00. — If there be no real estate involved or if the appraised
value of the real estate involved be less than $500.00, and the personal prop-
erty of the estate be less than $100.00, the costs and fees chargeable shall be
computed to the nearest five (5c) cents above one-fourth of the above
schedule.

(4) Fees when personalty exceeds $1.000.00. — When the personal property
of an estate is in excess of $1,000.00, for the first $500.00 in excess thereof
there shall be added to the amount chargeable for final or partial settle-
ment the sum of $1.00; and, for the next $500.00 there shall be added the
additional sum of $1.00. Above $2,000.00, and in addition to the sum of $2.00
for the excess of $1,000.00, there shall be added the sum of $1.00 for each
$1,000.00.

(5) Record papers if fees paid — payment of fees — adjustment of fees. — No
paper or document shall be recorded until the fees and costs are paid there-
on. The costs and fees herein prescribed shall be paid in advance to the
county treasurer who shall endorse by stamp on all papers or documents
the words "Fees and Costs paid" with the date thereof, except in the in-
stance of sales of real property in aid of assets when the costs and fees
chargeable on all papers and documents filed therein shall be computed
and collected on disbursement of the proceeds from the sale. Credit shall be
given for any over-payment of costs and charge made for any underpay-
ment in settlement of estates. The probate judge shall have the discretion
and authority, using the above prescribed schedule as a guide, to make ad-
justments of fees and costs chargeable appropriate to the particular case or
matter to be filed.

1940 (41) 1697.

§ 4946-2. Probate judge, York County.

(1) Fee for search abolished. — The fee for searches by the probate judge
is hereby abolished.

1933 (38) 45.

§ 4947. Magistrates. — Oath and warrant in criminal case, forty cents; each
recognizance, forty cents; taking bond in proceedings for claim and de-
livery of personal property and in attachment proceedings, fifty cents; each
commitment and release, twenty cents; administering and certifying oath
in writing other than above, thirty cents; issuing writs of habeas corpus,
to the two magistrates jointly, one dollar and fifty cents; issuing summons
and copy for defendant in civil cases, thirty-five cents; issuing summons for
witnesses in any civil case, twenty cents; taking examination of witnesses
in writing in any case, as prescribed by law, fifty cents for each witness, not
exceeding six in any case, and the fees for taking examination of witnesses
shall in no case exceed three dollars; for giving judgment on hearing liti-
gated case, twenty-five cents; for giving judgment in case not defended,
twenty cents; for issuing execution or renewal, twenty-five cents; report
of case and taking bond to appeal, sixty cents; for making transcript of
judgment to court of common pleas, twenty-five cents; issuing attachment,
returnable to court or to magistrate, including all notices, one dollar; filing
return or garnishee and order thereon, fifteen cents; proceedings on behalf

§ 4947 Civil Code Page 30

of landlord or lessor against tenant or lessee, to the two magistrates, five
dollars; proceedings on certifying indenture of apprentice or assignment,
one dollar; for the trial of any criminal case, inclusive of all costs, except
for issuing papers, one dollar; for every preliminary examination of any
criminal case, fifty cents; proceedings on coroner's inquest, as prescribed by
law, eight dollars and fifty cents, except in Orangeburg County, where the
magistrate shall receive only three dollars, and in Berkeley County, where
the magistrate shall receive five dollars; proceedings on estray horse or
mule, fifty cents; proceedings on all other estrays, each fifteen cents; tak-
ing and certifying renunciation of dower, two dollars; granting order for
special bail, fifty cents; for qualifying each appraiser in setting off home-
stead, besides five cents per mile for all travel actually necessary, twenty-
five cents; issuing summons for jurors in criminal case, twenty-one cents.

1932 Code, § 4947; Civ. C. '22, § 5752; Civ. C. '12, § 4229; Civ. C. '02, § 3117; 1880
(17) 301; 1882 (17) 1063; 1894 (21) 996; 1907 (25) 485; 1919 (21) 51.

§ 4948. Magistrates, Anderson County — settling cases without trial. — The

magistrates of Anderson County are authorized to collect from all parties
settling cases without trial in their courts, the sum of one ($1.00) dollar
for each case settled, said sum to be used for the payment of office expenses.
1932 Code, § 4948; 1930 (36) 1334.

§ 4949. Magistrates and constables, Marion County. — The following costs
shall be collected by the magistrates and constables of Marion County in
all civil cases: for writing and issuing summons and complaint, and all
copies, and taking return of service of same, $1.00; for issuing jury sum-
mons, five cents (5c.) each; for issuing subpoenas to witnesses, five cents
(5c.) each; for swearing jury, twenty-five cents (25c.) ; for making up
judgment on verdict or by default, thirty-five cents (35c.) ; for swearing all
witnesses and taking testimony in writing, twenty-five cents (25c.) ; for
writing and issuing summons, complaint, affidavit and taking bond in claim
and delivery, and all copies, one dollar ($1.00) ; for writing attachment and
issuing attachment, complaint, affidavit, and taking bond in attachment and
taking return of service of same, one dollar ($1.00) ; for issuing notice of
ejectment between landlord and tenant, fifty cents (50c.) ; for issuing eject-
ment of tenants from premises, one dollar ($1.00) ; for each jury sitting in
a case to be paid, fifty cents (50c.) ; for service of summons and complaints
and making his return, one dollar ($1.00) for each defendant and ten cents
(10c.) a mile one way, provided mileage is to be charged for the service of
one defendant; for serving all papers in a claim and delivery, one dollar
($1.00) on each defendant, and ten cents (10c.) a mile one way; for serv-
ing all papers in attachment and attaching the property named in the at-
tachment, one dollar ($1.00) for each defendant, and ten cents (10c.) a
mile one way; for summons to jury, ten cents (10c.) each; for summons to
witnesses, twenty cents (20c.) each, and ten cents (10c.) a mile one way;
for serving ejectment between landlord and tenant, one dollar ($1.00) ; for
ejectment proceeding, one dollar ($1.00); for all service performed by either
magistrate or constable not herein enumerated, the charge shall not exceed
one dollar ($1.00). Any magistrate or constable violating any of the within
provisions shall be liable on his bond therefor and be cause for removal.

Page 31 Fees and Costs § 4950

And provided, that in Marion County, for the issuance of a warrant, based
on the giving of a worthless cheek, and the collection of the same, that the
magistrate shall receive one ($1.00) dollar, and the constable one ($1.00)
and mileage at the rate of ten cents a mile, one way, to be paid by the of-
fending party.

1932 Code, § 4949; 1929 (36) 75; 1938 (40) 1812.

§ 4949-1. Magistrates, Pickens County.

(1) Civil cases. — Magistrates for the county of Pickens, as compensation
for civil work performed by them, shall receive the following fees, to-wit-
taking bond in proceedings for "laim and delivery of personal property and
in attachment proceedings, 50 cents; administering and certifying oath in
writing, other than above, 35 cents; issuing summons and copy for de-
fendant in civil cases, 50 cents; issuing summons for witness in any civil
case, 25 cents; for giving judgment in case not defended, 30 cents; taking
examination of witnesses in writing in any civil case as prescribed by law,
60 cents (not exceeding six ($6.00) dollars for the examination of wit-
nesses in any case) ; for giving judgment on hearing litigated case, 30 cents;
for giving judgment in a case not defended, 25 cents; for issuing execution
or renewal, 30 cents; for report of a case and taking bond to appeal, 75
cents; for making transcript of judgment to court of common pleas, 30
cents; issuing attachment, returnable to court or magistrate, including all
notices, $1.25; proceedings on behalf of landlord or lessor against tenant or
lessee, to two magistrates, $5.00; proceedings on certifying identure of ap-
prentice or assignment, $1.25; proceedings on estray horse, mule or cow,
$1.00; proceedings on all other estrays, each, 50 cents; taking and certifying
renunciation of dower, $2.00; granting order for special bail, 60 cents; for
qualifying each appraiser in setting off homestead, besides eight cents per
mile for all travel actually necessary, 50 cents; issuing summons for jurors
in a civil case, 50 cents.

1932 Code, § 3780; 1929 (36) 944.

§ 4950. Sheriffs. — Except in Anderson County, for entering every writ,
summons, process, execution or other paper in writ or execution book, and
making endorsements thereon, twenty-five cents; for serving writs, sum-
mons, notice or rule, not otherwise herein specified, besides milage, one
dollar; mileage from courthouse to defendant or witness's residence, or
place where found, going and returning each way, per mile five cents: pro-
vided, said sheriff shall charge mileage for only the actual number of miles
traveled by himself or deputy, and in case more than one party or witness
in the same case or parties or witnesses in different cases are served on one
trip the mileage fee herein provided shall be prorated and charged accord-
ing to the number of parties served; commitment and release of prisoner,
each fifty cents; conveying lunatics to the asylum, two dollars per day and
actual necessary expenses: provided, the sheriff may, in extreme cases, call
not more than two constables, and be allowed therefor one dollar per day
and actual expenses; issuing each venire for grand jury, fifteen dollars;
serving venire for petit jurors, twenty-five dollars; serving subpoena writ,
and mileage for each ticket, fifty cents; serving bench or other warrants
scire facias from the court of sessions, or writ of attachment for contempt,
besides mileage, one dollar and fifty cents; search for persons or goods not

§ 4950 Civil Code Page 32

found and return on the execution of non est inventus or nulla bona, fifty
cents; each execution returned to clerk's office on schedule, twenty-five
cents; levying executions or attachments, besides mileage, one dollar; diet-
ing prisoners in jail, per day, thirty cents; executing convict, including all
charges and expenses, twenty dollars; bringing up prisoner under habeas
corpus to be paid by prisoner if able, if not, by the county, besides mileage
and necessary expenses, one dollar; conveying prisoners from one place to
another, for every mile, going and returning, besides all necessary ex-
penses, six cents; commissions on all moneys collected by him, if under
three hundred dollars, two per cent; if over that sum, two per cent, for the
first three hundred dollars and one per cent, for the balance, and one-half
of one per cent, on all sums paid to plaintiff, his agent or attorney, on
execution lodged with the sheriff execution lodged to bind, with order not
to levy, fifty cents; for advertising defendant's property, in addition to
printer's bill, one dollar; drawing and executing a deed of conveyance or
taking a mortgage, two dollars; drawing and executing each bill of sale
when required by purchaser, two dollars, no sheriff shall charge more than
one bill of sale for property bought at the same sale by the same party;
for executing a writ of habere facias possessionem besides mileage, one
dollar; transferring money bonds or other securities for money to party,
one-half of one per cent; for selling land under decree of court, in lieu of
commissions and all other charges, except for advertising, two dollars; for
serving notice on each set of managers of election, besides mileage, one
dollar; summoning freeholders to try suggestions of fraud, five dollars; for
every fine paid before levy, fifty cents; for every fine paid after levy and
before sale, one dollar; for the service of execution of papers issued by a
magistrate the sheriff or his deputy serving or executing the same shall be
allowed the same fees as are allowed to constables: provided, that the
sheriff of Charleston and Aiken Counties shall receive for dieting prisoners
in jail per day, twenty-five cents only: provided, further, that in Barnwell
County the sheriff shall receive no fees or costs for dieting prisoners. Pro-
vided, that in Florence County the sheriff shall receive no fees or expenses
for transporting prisoners within the State and shall only receive actual
expenses for transporting prisoners from a point without the State to a
point within the State.

The sheriff or jailor of Greenwood County shall be paid forty cents (40c)
per day for the dieting of prisoners when committed to the county jail of
Greenwood County by magistrates or judges of the court of general session
for Greenwood County. Provided, that the county shall in no case be
charged any fee for admitting prisoners to or discharging them from said
jail.

1932 Code § 4950; Civ. C. '22, § 5753; Civ. C. '12, § 4230; Civ. C. '02. § 3118; G. S.
2437; R. S. 2561; 1894 (21) 971; 1898 (22) 740; 1905 (24) 879; 1922 (32) 917; 1936 (39)
1416.

1932 (37) 1122.

This section does nol apply to process shall be paid for "selling land," etc., it

from a magistrate's court. Green v. An- applies only to cases where the sheriff

derson County. 56 S. C. 411, 34 S. E. 691, acts merely as auctioneer. Williams v.

Ann. Cas. 18D. 934; Whittle v. Saluda McLendon, 44 S. C. 174, 21 S. E. 616.

County. 56 S. C. 505, 506, 35 S. E. 203. Where process was executed in sev-

Nor does it apply to warrants issued by eral cases on one trip, mileage was al-

magistrates. Lancaster v. Barnwell Co., lowed in each case. Green v. Anderson

40 S. C. 445, 446, 19 S. E. 74. County, 56 S. C. 411, 34 S. E. 691, Ann.

Where section provides that the sheriff Cas. 18D, 934.

Page 33 Fees and Costs § 4952

Sheriff is allowed one dollar for exe- C. 573. 64 S. E. 858; Gilreath v. Green-

culing a warrant on all the witnesses ville County, 70 S. C. 389, 50 S. E. 18;

named in it. not one dollar for arrest of Whittle v. Saluda County, 59 S. C. 554, 38

each witness. Whittle v. Saluda County. S. E. 168, 8 L. R. A. (N. S.) 509; Carson

56 S. C. 505, 506, 35 S. E. 203; Lancaster v. Sumter County, 32 S. C. 121, 10 S. E.

v. Barnwell County, 40 S. C. 445, 446, 1C 875; Smith v. The Morgan City, 39 F.

S. E. 74. 572.

As to fees for dieting prisoners, see As to unconstitutionality of exemption

Gilreath v. Greenville County, 63 S. C. of certain counties from general statute,

75, 149, 40 S. E. 1028, Ann. Cas. 16D. 83: see Gamble v. Clarendon County, 188 S.

Dean v. Spartanburg County, 59 S. C. C. 250, 198 S. E. 857. and Hurst v. Sum-

110, 37 S. E. 226, Ann. Cas. 16D, 27, 83. ter County, 189 S. C. 376, 1 S. E. (2d)

See generally, Morris v. Buist, 98 S. 238.
C. 415. 82 S. E. 675; Barr. v. Barr, 82 S.

§ 4951. Sheriffs or jailors diet federal prisoners — share of county. — The
sheriffs or jailor of the respective counties of this State are hereby author-
ized to charge one ($1.00) dollar per day for all prisoners committed to the
county jails to serve sentences imposed by the federal courts, twenty-five
(25c.) cents of said amount shall be turned over by the sheriffs or jailor to
the county treasurer for the use and benefit of the county, the same being
for use of jail. Provided, that in Dorchester County the twenty-five per
centum of the amount authorized to be charged for all prisoners com-
mitted to the county jail to serve sentences imposed by the Federal Court
shall be turned over to the county treasurer and credited to the jail account
and be used by the sheriff for dieting prisoners.
1932 Code, § 4951; 1926 (34) 973; 1933 (33) 236.

§ 4952. Sheriff, Anderson County. — In Anderson County the sheriff shall
receive: for entering every writ, summons, process, execution or other
paper in writ or execution book, and making endorsements thereon, twenty-
five cents; for serving every writ, summons, notice or rule not otherwise
herein specified, besides mileage, one dollar; mileage from court house to
defendant's or witness' residence or place where found, going but not re-
turning, per mile, five cents; commitment and release of prisoner, each fifty
cents; issuing each venire for grand jury, fifteen dollars; serving each venire
for petit jurors, twenty-five dollars; serving subpona writ and mileage on
each ticket, fifty cents; serving bench or other warrant, scire facias from
the court of sessions, or writ of attachments for contempt, besides mileage,
one dollar and fifty cents; search for person or goods not found and return
on the execution of non est inventus or nulla bona, fifty cents; each execu-
tion returned to clerk's office on schedule, twenty-five cents; levying execu-
tions or attachments, besides mileage, one dollar; dieting prisoners in jail,
per day, thirty-five cents; executing convict, including all charges for bury-
ing and other expenses, twenty dollars; bringing up prisoner under habeas
corpus, to be paid by prisoner, if able (if not, by the county) , besides mile-
age and necessary expenses, one dollar; conveying prisoner from one place
to another, for every mile going and returning, besides all necessary ex-
penses, six cents; commissions on all moneys collected by him, if under
three hundred dollars, and one per cent, for the balance, and one-half of
one per cent, on all sums paid to plaintiffs as agent or attorney on execu-
tion lodged with the sheriff; execution lodged to bind, with order not to
levy, fifty cents; for advertising defendant's property, in addition to print-
er's bill, one dollar; drawing and executing a deed of conveyance or tak-
ing mortgage, two dollars; drawing and executing each bill of sale when

ra.-s.c-2

§ 4952 Civil Code Page 34

required by purchaser, two dollars. No sheriff shall charge more than one
bill of sale for property bought at the same sale by the same party. For
executing a writ of habere facias possessionem, besides mileage, one dol-
lar; transferring money, bonds or other securities for money to party, one-
half of one per cent.; for selling land under decree of court, in lieu of com-
missions and all other charges, except for advertising, two dollars; for
serving notice on each set of managers of elections, besides mileage, one
dollar; summoning freeholders to try suggestions of fraud, five dollars; for
every fine paid before levy, five cents; for every fine paid after levy and
before sale, one dollar.

1932 Code, § 4952; Civ. C. '22, § 5754; Civ. C. '12, § 4231; Civ. C. '02, § 3119; 1894

§ 4953. Sheriff, Barnwell County — serve certain process. — The sheriff
of Barnwell County shall be required to serve all writs and other process
issuing out of the court of general sessions without extra charge; provided,
further, that the county shall not be liable to pay for defendants' witnesses
in any case, unless otherwise ordered by the court.

1932 Code, § 4953; Civ. C. '22, § 5755; 1917 (30) 113; 1941 (42) 161.

See generally. Morris v. Buist, 98 S. C. 415, 82 S. E. 675.

§ 4954. Sheriff, Orangeburg County — serve jury venires. — The sheriff of
the county of Orangeburg shall not be allowed any fee or fees for serving
jury venires in the county of Orangeburg. If personal service of any juror
shall be necessary, the same may be served by any rural policemen of the
county.

1932 Code, § 4954; Civ. C. '22, § 5756; 1916 (29) 806; 1917 (30) 123.

§ 4955. Constables. — Summoning witnesses in a civil or criminal case,
twenty-five cents; for summoning freeholders to try question before magis-
trate between landlord and tenant, to be paid by unsuccessful party, three
dollars; for summoning coroner's jury and witnesses, to be paid by the
county, two dollars; for summoning jury in magistrate's court, in civil or
criminal cases, twenty cents each; for serving a summons, rule or notice by
a magistrate, in a civil case, fifty cents, five cents a mile going and return-
ing; for serving attachment on persons absconding or about to abscond, and
making inventory and return, besides commissions of five per cent, on sale
of effects, but no mileage, one dollar; for selling estray, five per cent, on the
proceeds; for levying execution, advertising sale and paying over proceeds,
besides commissions at five per cent, on amount to be collected, but no
mileage, to be paid by the defendant in execution, twenty cents; for every
day in search for stolen goods, to be paid by party complaining, one dol-
lar; for serving warrant in any criminal case, upon each person included in
said warrant, besides five cents a mile for each mile necessarily traveled,
one dollar; for serving warrant for witnesses in any criminal case, upon all
the persons included in said warrant, besides five cents a mile for each mile
necessarily traveled, one dollar; for conveying prisoners to county jail,
five cents per mile going and returning: provided, that the constable be re-
imbursed for necessary ferriage.

All constables, when required by the necessities of the case, in the en-
forcement of law by service of arrest warrants, or other process, shall be

Page 35 Fees and Costs § 4958

paid all necessary expenses and mileage at the rate of five cents per mile

for every mile actually traveled beyond the limits of the county in which

said constables reside.

1932 Code, § 4955; Civ. C. '22, § 5757; Civ. C. '12, § 4232; Civ. C. '02, § 3121; 1908
(25) 1056.

See generally, Mullins v. Marion Coun- S. C. 411, 34 S. E. 691, Ann. Cas. 18D,

ty, 72 S. C. 84, 51 S. E. 535; Whittle v. 934; Lancaster v. Barnwell County, 40

Saluda County, 56 S. C. 505, 506, 35 S. S. C. 445, 446, 19 S. E. 74.
E. 203; Green v. Anderson County, 56

§ 4956. Constables, Anderson County. — In Anderson County constables
shall receive the following fees: summoning witnesses in a civil case,
twenty cents; for summoning freeholders to try questions before magis-
trates between landlord and tenant, to be paid by unsuccessful party, three
dollars; for summoning coroner's jury and witnesses to be paid by the
county, two dollars; for serving a summons, rule or notice by a magis-
trate in a civil case, no mileage to be allowed, fifty cents; for serving at-
tachment on persons absconding or about to abscond, and making inven-
tory and returns, besides commissions of five per cent, on sales of effects,
but no mileage, one dollar; for selling estray, five per cent, on the pro-
ceeds; for levying executions, advertising sale and paying over proceeds,
besides commissions at five per cent, on amount to be collected, but no mile-
age, to be paid by the defendant in execution, twenty cents; for every day
in search for stolen goods, to be paid by party complaining, one dollar; for
serving warrant in any criminal case, besides five cents a mile for each
mile necessarily traveled, one dollar; for arrest of witnesses in any case to
be tried before a magistrate, besides mileage, one dollar.

; 1932 Code, § 4956; Civ. C. '22, § 5758; Civ. C. '12, § 4233; Civ. C. '02, § 3122; 1894
(22) 934.

§ 4957. Notaries public. — For taking deposition and swearing witness, per
copy sheet, twenty-five cents; for duplicate of deposition, protest and cer-
tificate, per copy sheet of one hundred words, ten cents; for each attend-
ance upon any person for proving a matter or thing and certifying the same,
fifty cents; for every notarial certificate, with seal, fifty cents; for admin-
istering oath on affidavit, twenty-five cents; for taking renunciation of
dower or inheritance, one dollar; for every protest, fifty cents, together
with the cost of postage for transmitting notice thereof.

1932 Code, § 4957; Civ. C. '22, § 5759; Civ. C. '12, § 4234; Civ. C. '02, § 3123; G. S.
2440; R. S. 2564; 1898 (22) 699.

§ 4958. Physicians and surgeons.

(1) Post mortem examinations and testifying at coroner's inquests. — Phy-
sicians in this State shall be paid the following fees for post mortem exam-
inations and testifying at coroners' inquests: for a post mortem examina-
tion and testifying, when no dissection is required, five dollars; when dis-
section is necessary and the body not interred, if requested by the coroner's
jury, ten dollars; for same after interment for three days or more, fifteen
dollars; for chemical analysis, a sum not exceeding forty dollars and ex-
penses for such analysis; and when chemical analysis has been made, the
chemist who makes it must furnish to the county board of commissioners
with his account, a full statement of the analysis. The clerk of the county
board of commissioners shall verify and file with the clerk of court of gen-

§ 4958 Civil Code Page 36

eral sessions a copy of such statement of analysis and account.

Provided, that post mortem examinations shall be made by physicians in
Clarendon County only upon the express direction of the coroner for said
county or in his absence by any officer who may be acting in his stead and
only one physician shall be employed for such examination and his com-
pensation therefor shall be not in excess of five ($5.00) dollars for each such
examination.

Provided, that the pay of physicians for performing autopsies or exam-
ining dead bodies in Sumter County shall not exceed three ($3.00) dollars.

1933 (38) 220.

(2) Proof of claims. — The account of claim for the services herein named
shall be certified to by the coroner, and if dissection is made it shall be cer-
tified that it was done at the request of the jury.

1933 (38) 23.

(3) Testifying as experts. — Physicians and surgeons bound over or sum-
moned by the State to testify as experts in any case in the courts of gen-
eral sessions, or actually bound over at the instance of the defendant, to
testify as experts in any case of felony in the court of general sessions,
shall receive as compensation therefor, to be paid by the county in which
the case is tried, the sum of five dollars in addition to the fees provided by
law, to be paid to other witnesses in such cases: provided, that the circuit
judge before whom the case is tried shall certify that the testimony of such
expert is material.

1932 Code, §§ 4958, 5167; Civ. C. '22, §§ 2117, 5760; Civ. C. '12, §§ 1632, 4235; Civ. C.
'02, § 1115, 3125; 1890 (20) 651; 1894 (21) 970; 1901 (23) 734; 1905 (24) 912; 1933 (38)
23, 220; 1934 (38) 1434.

Lunacy examinations, Clarendon County. — Physicians performing ex-
aminations for lunacy in Clarendon County shall receive four ($4.00) dol-
lars for each such examination, that is to say that the two physicians re-
quired to make such examination shall receive a total of eight ($8.00) dol-
lars, four ($4.00) dollars for each physician, without the addition of mile-
age or any other charge or compensation whatsoever.

1934 (38) 1434.

§ 4959. Deputy surveyors. — For surveying every acre of land, one cent;
for making out a fair plat, certifying, signing and returning the same, two
dollars and fourteen cents; for running old lines for any person, or between
parties, or by order of court, while they are on the survey, per day, three
dollars.

1932 Code, § 4959; Civ. C. '22, § 5761; Civ. C. '12, § 4236; Civ. C. '02, § 3126; G. S.
2443; R. S. 2566; 1791 (5) 158.

Applied in Hawkins v. Wood, 60 S. C. 521, 39 S. E. 9.

§ 4960. County auditors. — For every entry and endorsement on any deed
of conveyance of real property recorded in his office, twenty-five cents.
Provided, the auditor of Charleston County is hereby authorized and di-
rected to enter on his books without charge the transfer of property con-
veyed to Charleston County.

1932 Code, § 4960; Civ. C. '22, § 5762; Civ. C. '12, § 4237; Civ. C. '02, § 3127; G. S.
2444; R. S. 2567; 1871 (14) 621; 1935 (39) 304.

Unconstitutional statutes, depriving County auditor from 1929 until 1937 was
auditor of fees; effect prior to curing of entitled to fees for entry and indorse-
defect. — One holding office of Pickens ment of deeds by him throughout such

Page 37

Fees and Costs

§ 4964

time, though constitutional amendment,
authorizing special laws providing for
payment of all fees collected by county
officers into county treasury, was rati-
fied in 1935, where no such law as to
Pickens County was enacted until 1938.
Boegs, Auditor, v. O'Dell, et al., 190 S.
C. 442, 3 S. E. (2d) 486.

In former county auditor's action to
recover fees for entry and indorsement
of deeds by him, defendant county of-
ficer's counterclaim for moneys collected
bv plaintiff in excess of amounts due on
his salary as fixed by annual county sup-

ply bills was properly rejected, as third
of his salary, due from county annually,
was determinable by amount fixed as
his salary by permanent law as
amended by yearly general appropria-
tion acts during his term. Ibid.

A former auditor of Pickens County is
entitled to judgment against county for
difference between third of his salary,
fixed by statute as amended, for time
he was in office, and amount paid him
by county, and statutory fees for entry
and indorsement of deeds by him dur-
ing such time. Ibid.

§ 4961. Appraisers and commissioners in dower. — Appraisers who appraise
the estates of deceased persons, one dollar per day; appraisers to set out
the homestead, two dollars per day; commissioners in dower or in parti-
tion, each one dollar and a half per day, and five cents per mile for neces-
sary travel.

1932 Code, § 4961; Civ. C. '22, § 5763; Civ. C. '12, § 4238; Civ. C. '02, § 3128; G. S.
2445; R. S. 2568; 1788 (4) 724; 1839 (11) 61; 1868 (14) 21; 1918 (30) 717.

See § 9096.

§ 4963. Witness fees in civil cases. — In courts of common pleas and judge
of probate, one dollar for every day's attendance on summons, or on request
when actually appearing and testifying as a material witness, besides five
cents per mile for coming to court and returning by the shortest practical
route, and ferriage to be paid by the person or persons at whose suit he is
summoned. In magistrate's courts in civil cases, fifty cents per day for each
day's attendance and the same mileage as is allowed in circuit courts.

1932 Code, § 4963; Civ. C. '22, § 5765; Civ. C. '12, § 4240; Civ. C. '02, § 3130; 1913
(28) 74.

Subpoena and affidavit of attendance
is necessary where witness is required
to have his costs taxed. Clark v. Linsser,
1 Bail. 187.

Now, it seems that a witness who at-
tends voluntarily and without subpoena
is entitled to his fees. Lewis v. Brown,
16 S. C. 58.

But notary's certificate of such attend-
ance is held sufficient. Winsmith v. Dew-
berry, 14 S. C. 554.

Witness interested in suit cannot have
his costs taxed. Rice v. Palmer, 2 Bail.
117.

As to provisions against exclusion of
witnesses for interest, see § 691, and
note thereto.

Nor when not sworn, although sub-
poenaed, unless material or believed to
be so. Taylor v. McMahan, 2 Bail. 131:
Farr. v. Farr, 2 Hill 554; Bogan v. White,
Dud. 316; Love v. Ingram, 2 Speer 87.

Witness subpoenaed by successful par-
ty has no right of action against the oth-
er for costs. Clement v. Bagley, 2 McC.
244.

Witnesses subpoenaed for defendant in
criminal case not entitled to costs. Lit-
tle v. Todd, 3 Rich. 91.

See generally, as to mileage, Speigner
v. Cooner, 9 Rich. 120; taxing witness
fees as disbursements, Mitchell v. Barrs,
64 S. C. 197, 41 S. E. 962. Ann. Cas. 14C.
739; Atherton v. Atlantic Coast Line R.
Co., 82 S. C. 474, 64 S. E. 411.

Applied in Sims v. Anderson, 1 Hill
394, 19 Am. St. Rep. 110; Kirkley v.
Nollv, 1 Hill 398; Johnson v. Wideman,
Chev. 26.

In general. — As to recovery of costs,
by prevailing party under a Federal Act.
for witnesses who attended court, but
did not testify, see Federal, etc., Bank
v. Mitchell, 38 F. (2d) 824.

Witnesses' fees are to be taxed as dis-
bursements when paid by party. Mitchell
v. Barrs, 64 S. C. 197, 41 S. E. 962, Ann
Cas. 14C, 739.

As to necessity of subpoena, see Ath-
erton v. Atlantic, etc., R. Co., 82 S. C.
474, 64 S. E. 411.

§ 4964. Witness fees in criminal cases. — (1) No fees or other compensation
•hall be allowed any witness bound over or summoned to testify in any case

§ 4964 Civil Code Page 38

in the court of general sessions, unless the circuit judge who tried the case
in which the witness was summoned, shall certify that such witness was
material; and in that case the witness shall be allowed fifty cents; except
in Lancaster, Jasper and Florence Counties, where they shall be allowed
one dollar for each day of attendance and five cents per mile, one way, for
necessary travel, besides the ferriage they are required to pay in attending
the court; except in Greenville and Williamsburg Counties, where he shall
be allowed one dollar for each day of attendance and five cents for every
mile necessarily traveled in going to and from court; and each witness bound
over or summoned in behalf of the State, shall be paid, on approval of the
solicitor of the circuit in which said counties of Greenville and Williams-
burg are situated, and upon such approval, shall be paid, whether the case
in which said witness is bound over or summoned to testify shall be tried
or not: provided, however, that in the magistrate's courts they shall re-
ceive no fees or compensation whatever for attendance in criminal cases.
In Charleston and Berkeley Counties they shall be paid fifty cents per day
for every day's attendance upon the court of general sessions and five cents
for every mile necessarily traveled in going and returning from court: pro-
vided, further, except in Greenville County, Sumter County and Clarendon
County, that no per diem shall be paid to any witness who is in receipt of
a salary or per diem compensation from the State, or any county, town or
city thereof; and in no case shall any witness receive more than five cents
for every mile necessarily travelled, or more than one dollar per diem
through attending court or testifying in more cases than one: provided,
however, that this proviso shall not apply to Richland County.

1932 Code, § 4964; Civ. C. '22, § 5766; Civ. C. '12, § 4241; Civ. C. '02, § 3131; 1878
(16) 412; 1894 (21) 943; 1000; 1896 (22) 19; 1898 (22) 875; 1900 (23) 175; 1904 (24) 407;
1913 (28) 9; 1916 (29) 818; 1917 (30) 158; 1923 (33) 169; 1930 (36) 1556; 1932 (37) 1170,
1313, 1403; 1938 (40) 1619.

(2) Doctors from the state hospital, whenever called to testify in any
criminal case, shall receive as witness fees five (5c) cents per mile ac-
tually traveled and five ($5.00) dollars per diem.

1942 (42) 1438.

(3) No fees or other compensation shall be allowed any witness bound
over or summoned to testify in any case in the court of general sessions in
Clarendon, Greenwood, and Lexington Counties, unless the circuit judge
who tried the case in which the witness was summoned to testify shall cer-
tify that such witness was material and actually testified in said case; and
in that event the witness shall be allowed one dollar for each day of at-
tendance and not more than five cents per mile for every mile necessarily
traveled in going to and returning from the court house one trip: provided,
however, that each witness bound over or summoned in behalf of the State
shall be paid, on approval of the solicitor of the circuit, the same compen-
sation and mileage as other witnesses, whether such witness testifies or not:
provided, further, that no witness for the defense in any case not a felony
shall receive any compensation or mileage.

1932 (37) 1170, 1313.

(4) No fees or other compensations shall be allowed any witness bound
over or summoned to testify in any case in the court of general sessions in
Kershaw and McCormick Counties, unless the circuit judge who tried the
case in which the witness was summoned to testify shall certify that such
witness was material and actually testified in said case; and in that event the

Page 39

Support of the Poor

§ 4966

witness shall be allowed fifty cents for each day of attendance and not
more than five cents per mile for every mile necessarily traveled in going to
and returning from the court house one trip: provided, however, that each
witness bound over or summoned in behalf of the State shall be paid, on
approval of the solicitor of the circuit, the same compensation and mileage
as other witnesses, whether such witness testifies or not: provided, far-
ther, that no witness for the defense in any case not capital shall receive
any compensation or mileage.
1932 (37) 1403.

(5) All persons attending as a witness upon any court of general sessions
for Anderson County shall be entitled to the witness fee as now provided
by law: provided, however, that the sheriff of said county and any deputy
sheriff working directly under him from the court house shall not be en-
titled to such fee.

1932 Code, § 4965; 1930 (36) 1556.

(6) In Anderson County compensation shall be paid and allowed any
witness bound over or summoned to testify in any case in the court of gen-
eral sessions as a witness for the state or as a witness for the defendant in
those classes of cases in which witness fees are paid by the county as pro-
vided by law, upon a pay certificate issued and signed by the clerk of
court, and it shall not be necessary for any circuit judge to countersign such
certificate or to certify as to the materiality of the witness.

1938 (40) 1619.

See § 983.

Applied in Colleton County v. Hamp- Eustace v. Greenville County, 42 S. C.
ton County, 52 S. C. 589, 30 S. E. 484; 190, 20 S. E. 88, 39 L. R. A. 118.

TITLE 29
Public Charges

Chapter 118.
Chapter 119.
Chapter 120.
Chapter 120-A.

Support of the Poor, § 4966.
Pensions, § 4978.
Children's Bureau, § 4989.
Public Welfare, § 4996-1.

CHAPTER 118
Support of the Poor

1966. County board of commissioners as
overseers of poor.

4967. Acquisition of legal settlements.

4968. Care of non-residents.

4369. Notice to overseers of proper

county.
4970 and 4971. Removal of pauper.
4972. Combination of counties for sup-

port of poor.

4973. Governing board.

4974. Payment of expenses.

4975. State department of public welfare

receive application for WPA.

4976. Support of Carlisle Courtney home.

4977. Poor in cities of Charleston and

Columbia.

§ 4966. County board of commissioners overseers of poor — rule — superin-

§ 4966 Civil Code Page 40

tendent, etc. — The county board of commissioners shall, until otherwise
provided by law, be overseers of the county poor house and farm, and shall
have power and authority to make all necessary rules and regulations for
the government of the same, and to appoint a superintendent, with such
assistants as may be needed. They shall also have the power, and it shall
be their duty, to provide such employments as will be best suited to the in-
mates of the poor house; and to see that every such poor person, able to
work, is employed at some kind of labor; and to dispose of all articles
manufactured, and all produce raised on said farm, in such manner as may
be most profitable: provided, that the proceeds accruing from sales of pro-
duce, from rents, or other sources, shall be faithfully appropriated to the
support of the poor in said county: and provided, further, that no unusual
or cruel punishment shall ever be allowed in any poor house in this State.
1932 Code, § 4966; Civ. C. '22, § 2283; Civ. C. '12, § 1529; Civ. C. "02, § 1056; G. S.
879; 1870 (14) 369, § 2.

§ 4967. How legal settlements may be acquired. — Legal settlements may
be acquired in any county, so as to oblige such county to relieve and sup-
port the persons acquiring the same, in case they are poor and stand in need
of relief, in the manner following, namely:

(1) Married women. — A married woman shall follow and have the set-
tlement of her husband, if he has any within the State; and otherwise, her
own at the time of marriage, if she then had any, shall not be lost or
suspended by the marriage.

(2) Legitimate children. — Legitimate children shall follow and have the
settlement of their father, if he has any within the State, until they gain a
settlement of their own; but if he has none, they shall, in like manner, fol-
low and have the settlement of their mother, if she has any.

(3) Illegitimate children. — Illegitimate children shall follow and have the
settlement of their mother at the time of their birth, if she then has any
within the State; but neither legitimate nor illegitimate children shall gain
a settlement by birth in the county where they may be born, if neither of
their parents then has a settlement therein.

(4) Citizens generally. — Any person of the age of twenty-one years, being
a citizen of this or any other of the United States, who has lived for three
successive years in any county, and who has during that time maintained
himself and family, shall be held to have acquired a legal settlement
therein.

1932 Code, § 4967; Civ. C. '22, § 2284; Civ. C. '12, § 1530; Civ. C. '02, § 1057; G. S.
880; R. S. 914; 1870 (14) 370, § 3.

§ 4968. Overseers to care for nonresidents — expenses — how recovered. —

The overseers of the poor, in their respective cities or counties, shall provide
for the immediate comfort and relief of all persons residing or found
therein, having lawful settlements in other places, when they fall into dis-
tress and stand in need of immediate relief, and until they are removed to
the city or county of their lawful settlement; the expenses whereof, incurred
within three months next before notice is given to the place to be charged,
as also of their removal, or burial, in case of their death, may be recovered
by the city or county incurring the same, against the city or county liable
therefor, in an action at law, to be instituted within two years after the
cause of action arises, but not otherwise.

Page 41 Support of the Poor § 4973

1932 Code, § 4968; Civ. C. '22, § 2285; Civ. C. '12, § 1531; Civ. C. '02, § 1058; G. S.
883; R. S. 915; 1870 (14) 370, § 6.

§ 4969. To notify overseers of proper county, and request removal. — The

overseers of the poor of any city or county may send a written notifica-
tion, stating the facts relating to any person actually become chargeable
thereto, to one or more of the overseers of the city or county where his set-
tlement is supposed to be, and requesting them to remove him, which they
may do by a written order directed to any person therein designated, who
may execute the same.

1932 Code, § 4969; Civ. C. '22, § 2286; Civ. C. '12, § 1532; Civ. C. '02, § 1059; G. S.
884; R. S. 916; 1870 (14) 371, § 7.

§ 4970. How removed, if request not complied with. — If such removal is
not effected by the last mentioned overseers within one month after re-
ceiving the notice, they shall, within the said one month, send to one or
more of the overseers requesting such removal a written answer, signed
by one or more of them, stating their objections to the removal; and if they
fail to do so, the overseers who requested the removal may cause the
pauper to be removed to the city or county of his supposed settlement by a
written order directed to any person therein designated, who may execute
the same; and the overseer of the city or county to which the pauper is
so sent shall receive and provide for him; and such city or county shall be
liable for the expenses of his support or removal, to be recovered in an ac-
tion by the city or county incurring the same, and shall be barred from
contesting the same question of settlement with the plaintiff in such action.
1932 Code, § 4970; Civ. C. '22, § 2287; Civ. C. '12, § 1533; Civ. C. '02, § 1060; G. S.
885; R. S. 917; 1870 (14) 371, § 8.

§ 4971. Notice and answer may be sent by mail. — The notification and an-
swer mentioned in the two preceding sections may be sent by mail; and
such notification or answer, directed to the overseer of the poor of the city
or county intended to be so notified or answered, postage prepaid, shall be
deemed a sufficient notice or answer, and shall be considered as delivered
to the overseer to whom it was directed at the time when it is received at
the postoffice of the city or county to which it is directed, and in which the
overseer resides: provided, that said letter of notification be registered.

1932 Code, § 4971; Civ. C. '22, § 2288; Civ. C. '12, § 1534; Civ. C. '02, § 1061; G. S.
886; R. S. 918; 1870 (14) 379, § 9.

§ 4972. Counties in same circuit may combine for support of their poor. —
The several counties within any judicial circuit of the State, whenever they
can agree thereupon, may combine for the purpose of furnishing support
to their indigent citizens by uniting in the selection of sites, purchase of
lands and erection of buildings to provide for the care, comfort, mainte-
nance and support of the indigent and helpless citizens of the respective
counties.

1932 Code, § 4972; Civ. C. '22, § 2289; 1919 (31) 127.

§ 4973. Governing board, personnel and powers. — The county supervisors
or chairman of the boards of county commissioners, or other officers desig-
nated by the county authorities as hereafter provided by law, shall con-
stitute the governing board of any such institution, with power to elect

§ 4973 Civil Code Page 42

officers, prescribe their duties and fix their compensation for the manage-
ment and control thereof.

1932 Code, § 4973; Civ. C. '22, § 2290; 1919 (31) 127.

§ 4974. Payment of expenses. — The expense incurred in carrying out the
provisions of this article shall be borne by each county in proportion to the
assessed valuation of the property of each county.
1932 Code, § 4974; Civ. C. '22, § 2291; 1919 (31) 127.

§ 4975. South Carolina department of public welfare receive applications,
make investigations and referrals to WPA of employables in need — pay-
ment of expenses. — The South Carolina state department of public welfare
is hereby authorized and directed to receive applications, make investiga-
tions and referrals to the works progress administration of employables in
South Carolina who may be found in need. The expense incident to re-
ceiving applications, making investigations and referrals shall be paid from
the administration fund of the state department of public welfare.
1941 (42) 137.

§ 4976. Counties aid in support of Carlisle Courtney Home or Carolina Or-
phan Home. — The county supervisors or county commissioners of the sev-
eral counties of this State are hereby authorized and required to draw their
warrants in favor of and payable to the Carlisle Courtney Home or Caro-
lina Orphan Home for the sum of ten ($10.00) dollars per month, payable
monthly, for the support and maintenance of each child which may have
heretofore been sent or committed or may hereafter be sent or committed
to the Carlisle Courtney Home or Carolina Orphan Home by the probate
judge, or a circuit judge, or a recorder of any municipal court on the ap-
proval of the county board of commissioners of the several counties of this
State, and the county treasurer of each of the several counties are hereby
authorized and required to pay said warrants upon proper presentation
and endorsement by the said Carlisle Courtney Home or Carolina Orphan
Home.

1932 Code, § 4976; Civ. C. '22, § 2294; 1913 (28) 139; 1923 (33) 171; 1925 (34) 107;
1931 (37) 97; 1932 (37) 1160; 1939 (41) 119.

§ 4977. Charleston and Columbia may provide for their own poor, re-
spectively. — The city authorities of Charleston and Columbia shall be al-
lowed, and it shall be their duty, to provide for the care of the poor within
the limits of their respective cities; and the county board of commissioners
of Charleston and Richland Counties shall, when they levy a general poor
tax for their counties, except from the payment of the same the said cities
of Charleston and Columbia: provided, that the aforesaid authorities of the
cities of Charleston and Columbia shall have made adequate provisions for
the support of their poor.

1932 Code, § 4977; Civ. C. '22. § 2295; Civ. C. '12, § 1535; Civ. C. '02, § 1062; G. S
889; R. S 920; 1870 (14) 379, § 12.

Page 43 Pensions § 4981

CHAPTER 119
Pensions

4978. Honor roll. 4984. Secretary of historical commission.

4979. Death of pensioner. 4985. Custody of records.

4980. Application for enrollment. 4986. Amount of pension.

4981. Boards of honor. 4988. Pensions for Confederate soldiers

4982. Persons entitled to enrollment. in Fairfield, Williamsburg and

4983. Negroes entitled to pensions. Spartanburg Counties.

§ 4978. Honor roll. — There is hereby created an honor roll of Confederate
soldiers, sailors and others who, in the state militia performed actual serv-
ices in the Confederate States Army or Navy, who did not desert the serv-
ices of this State or the Confederate States, who are residents of this State,
and the widows of such, if she has attained the age of forty-five (45) years
and was married prior to December 31, 1920, or, for a period of at least ten
years prior to his death, who are residents of this State.
1932 Code, § 4978; 1929 (36) 176; 1930 (36) 1227.

§ 4979. Expenses — death of pensioner. — The necessary expenses of admin-
istering sections 4978 to 4986 shall be paid out of the amount appropriated
for pensions. In the event of the death of a soldier, sailor or militiaman the
full amount which would have been paid to him shall be paid to his widow
or the party defraying the funeral expenses of the deceased pensioner:
provided, that said payment shall be in addition to the pension payable to
his widow for the year succeeding his death: provided, further, that in the
event of the death of a widow of a Confederate veteran who is a bona fide
pensioner, the full amount which would have been paid to her shall be paid
to the party defraying the funeral expenses, if so much be necessary. In any
case there shall be paid for bona fide pensioners to the party defraying the
funeral expenses one pension after death.
1932 Code, § 4979; 1929 (36) 176; 1930 (36) 1314.

§ 4980. Applications. — All applications for enrollment from year to year
shall be made to the board of honor in the county in which the applicant
resides.

1932 Code, § 4980; 1929 (36) 176.

§ 4981. Boards of honor — reports — decisions — compensation — judge of pro-
bate. — The board of honor in each of the several counties of the State shall
consist of three (3) Confederate veterans, and for two years from January
1, 1930; the several county boards as now constituted shall constitute the
county boards of honor. The term of office of such county board of honor
shall be two (2) years, and such honor board shall be elected at a called
meeting of the veterans to be held at the county seat of the respective coun-
ties, said meeting to be held in November and to be held once in every two
years. Any vacancies in the board to be filled in the same manner at a
meeting to be called by the chairman of the board. That the names and ad-
dresses of the members of such boards so elected shall be communicated
to the comptroller general of the State not later than December 1st of the
year of election and prior to commencement of their terms of service. Such
county boards shall report to the comptroller general of the State between

§ 4981 Civil Code Page 44

January 1st and January 15th of each year, a complete list of all bona fide
pensioners for that year, said list to contain the names of pensioners and
addresses, and in the case of a widow, the name of her deceased husband.
The decision of the county board of honor in granting or refusing enroll-
ment shall be final. The members of the county board of honor shall be paid
two ($2.00) dollars per day for not more than five days in each year, and
be reimubrsed for all necessary and proper postage and advertising, and
ten cents per mile for each mile actually traveled in the discharge of their
duties. The judge of probate in each county shall be the clerk of the board
of honor in his county, and he shall disburse all amounts sent to him by the
comptroller general for those on said roll, for the county board or other-
wise, and he shall receive for his services twenty-five cents for each dis-
bursement under this chapter. He shall keep a complete list of all enrolled,
the amount paid or payable to each, and receipt from the pensioner for all
such payments. In the event of the death of one enrolled and there being no
widow to receive the decedent's allotment, he shall pay the same to the one
paying his funeral expenses, and likewise in the case of the death of a
widow: provided, that in case of disability of any member of said board
of honor he shall have the right to select a son of a veteran to serve in his
stead. In the event that at the present time, or any time in the future there
should be in any county of this State no Confederate veteran to serve upon
said board of honor, then, and when said time arrives the board of honor
shall consist of the clerk of court, the probate judge and the county auditor
in the various counties of South Carolina. The clerk of court of each county
in the State shall become a member of the board of honor when said boards
of honor are reduced to two (2) Confederate veterans; the probate judge
shall become a member of the said board of honor when said board of honor
has been reduced to one (1) Confederate veteran, and the county auditor
shall become a member of the board of honor when said board has been re-
duced to no Confederate veteran.
1932 Code, § 4981;" 1929 (36) 176.

§ 4982. Persons entitled to enrollment. — Any sailor or soldier, a bona fide
resident of the State for two years, who served in the Confederate States
Army or Navy, or who in the state militia performed actual service, and
who did not desert the service of the State of South Carolina or of the Con-
federate States, or the widow of such soldier, sailor or militiaman, shall be
entitled to enrollment: provided, that said widow was living with her hus-
band as his faithful wife at the time of his death. When any Confederate
veteran, whose widow shall be entitled to a pension, shall die, it shall be
sufficient for such widow to prove her relationship and that she was livin?
with him as his faithful wife at the time of his death, in order to entitle
her to a pension as the widow of such veteran. That any pensioner entering
the Confederate home shall be limited to fifty ($50.00) dollars: provided,
that any widow of a Confederate soldier who was not actually living with
her husband at the time of his death, shall be entitled to pension as though
she had been living with him, in the event that she make due proof to the
roll of honor that the reason for not living with him was caused by no fault
of hers: provided, however, that the uncorroborated proof of the widow
shall be insufficient: provided, further, that all widows of Confederate vet-
erans who were married to such veterans ten years prior to the death of

Page 45 Pensions § 4986

the latter shall receive pensions as other widows, despite any provision to
the contrary heretofore existing.

1932 Code, § 4982; 1929 (36) 138; 1929 (36) 176.

Applied in State v. Verner, 30 S. C. 277, 9 S. E. 113.

§ 4983. Certain faithful negroes entitled to pensions — limit. — Such negroes
as were engaged for at least six months in the service of the State in the
war between the states as body servants or male camp cooks on the side of
the Confederacy, and proved faithful throughout said war, and whose con-
duct since then has recommended them to the county board of pensions for
any of the counties of the State, are each entitled to receive out of any ap-
propriation made for pensions for Confederate soldiers and sailors by the
State, such an amount, annually, as a pension, as may be fixed by the state
board of pensions. The state board of pensions shall classify and fix the
amount that each such pensioner is entitled to receive, so that the same may
be uniform throughout the State. No person shall receive a pension here-
under unless his application shall be approved by the county board of pen-
sioners, and no such pensioner shall receive in any one year more than
twenty-five ($25.00) dollars: provided, that this section shall apply to only
such negroes as went from the State of South Carolina and are now resi-
dents of said State.

1932 Code, § 4983; 1923 (33) 107; 1924 (33) 936.

§ 4984. Secretary of historical commission. — The secretary of the histori-
cal commission is hereby required to give full information as to the service
in the Army or Navy of any soldier, sailor or militiaman as same appears
on the Confederate rolls, when requested.
1932 Code, § 4984; 1929 (36) 176.

§ 4985. Records to comptroller general. — All records in regard to pension-
ers now and hereafter existing shall be, by the ones in control or in posses-
sion thereof, immediately turned over to the comptroller general of the
State.

1932 Code, § 4985; 1929 (36) 176.

§ 4986. Amount of pensions. — A sufficient amount shall be appropriated by
the General Assembly each year for the purpose of paying Confederate
pensions or other expenses provided for in sections 4978 to 4986. All Con-
federate veterans in South Carolina shall receive annually from said pen-
sion fund the sum of two hundred and forty ($240.00) dollars, which shall
be paid annually at such times as may be fixed .by the comptroller gen-
eral. All widows of Confederate veterans who have reached the age of
fifty-five (55) years shall receive annually the sum of one hundred and
sixty ($160.00) dollars, and all other widows shall receive the sum of one
hundred twenty-five ($125.00) dollars, which shall be paid annually if she
has attained the age of forty-five (45) years, and was married prior to De-
cember 31, 1920, or for a period of at least ten years prior to his death:
provided, that the comptroller general be, and he is hereby authorized and
required, to retain from the amount received by each veteran of this State
the sum of fifty (50c) cents, which amount shall be turned over to the com-
manding general of the South Carolina division of the United Confederate
Veterans for the purpose of paying the local state dues of the various camps

§ 4986 Civil Code Page 46

in this State and the dues of the United Confederate Veterans, with head-
quarters at New Orleans: provided, further, that the wife of any pensioner
who becomes incapacitated by reason of insanity may receipt for his pen-
sion and draw same.

1932 Code, § 4986; 1929 (36) 176; 1930 (36) 1227.

§ 4988. Additional compensation for Confederate veterans.

(1) Fairfield County. — Every Confederate veteran who is a resident of
Fairfield County and has been a resident of said county for the past ten
(10) years, who is receiving a pension from the State as a Confederate vet-
eran, is hereby allowed the sum of one hundred twenty-five ($125.00) dol-
lars per annum to be paid by the treasurer of Fairfield County: provided,
that the said veteran shall present to the treasurer of Fairfield County due
proof that he is receiving a pension from the State as a Confederate vet-
eran: provided, further, that this compensation shall be paid annually on
July first of each year. The auditor of Fairfield County is hereby author-
ized and required to put on necessary levy to cover the appropriation here-
in provided for not to exceed one-fourth of one mill.

1932 Code, § 4988 (1); 1931 (37) 720.

(2) Williamsburg County. — Each Confederate soldier in Williamsburg
County, duly passed upon by the board of honor of said county, shall re-
eeive in addition to the allotment from the state appropriation, the sum of
one hundred ($100.00) dollars annually. The said aggregate amount shall
be turned over to the probate judge, and he shall disburse the same along
with the disbursement of state appropriation for such purposes. This
amount shall be paid out of the contingent fund of said county: provided,
if said contingent fund be insfficient to pay the pension provided for in
this subsection, the auditor of Williamsburg County shall have the power,
and is hereby directed to levy a sufficient tax for this purpose.

1932 Code, § 4988 (2); 1928 (35) 2042; 1929 (36) 1019.

(3) Spartanburg County. — Each Confederate soldier in Spartanburg
County, duly passed upon and adjudged to be such by the proper authori-
ties, shall receive, in addition to the allotment from the state appropria-
tion, the sum of one' hundred ($100.00) dollars per year; the aggregate
amount of the pensions due shall be turned over to the probate judge, and
he shall disburse the same on the 1st day of December of each year. The
amount of pensions herein provided for shall be paid out of the contin-
gent fund of said county: provided, however, should said fund be insuffi-
cient to pay the pensions herein provided for, then the auditor of Spartan-
burg County shall have the power, and he is hereby directed, to levy a suf-
ficient tax for this purpose, which shall be collected as other taxes are col-
lected by law.

1932 (37) 1350.

Page 47 Children's Bureau § 4992

CHAPTER 120
Children's Bureau

4989. Supervisor. 4993. Bringing children into State.

4990. Investigation and supervision. 4994. Investigation for state institutions.

4991. Records. 4995. Report of removal of child from

4992. Bureau as guardian. mother.

4996. Penalties.

§ 4989. Supervisor — appointment — duties. — The child placing bureau of
the State of South Carolina, heretofore operating under the state board of
health, is hereby made a separate bureau, hereafter to be known as the
Children's Bureau of the State of South Carolina. The supervisor shall be
appointed by the Governor with the advice and consent of the Senate for
a period of six (6) years, and shall be paid for her services in addition
to the necessary traveling expenses an annual salary to be determined by
the General Assembly, payable in monthly installments. The bureau shall
render annually to the Governor and General Assembly a complete report
of its activities. The supervisor shall employ such assistants and agents as
shall be needed to carry out the provisions of this chapter as now provided
by law. The funds appropriated by the General Assembly for the activi-
ties within the terms of this chapter shall be paid by the state treasurer
on warrants of the comptroller general, but no warrants shall be issued
except upon vouchers approved by the supervisor of the bureau. The bu-
reau is authorized to place out in free family homes for adoption destitute,
delinquent, neglected and dependent children committed to their care, and
defective and otherwise handicapped children committed to their care shall
be placed in such institutions as are provided by the State for their care,
as may appear advisable for the best interest of the child.
1932 Code, § 4989; 1930 (36) 1374.

§ 4990. Duties of investigation and supervision. — The children's bureau in
placing out destitute, neglected, dependent or delinquent children in pri-
vate families shall safeguard the welfare of each child by a thorough in-
vestigation of each applicant, the home and its environment; and shall per-
sonally and adequately supervise each child until the child receives legal
adoption or attains legal age.
1932 Code, § 4990; 1930 (36) 1374.

5 4991. Records. — The children's bureau shall keep a record containing
the name, ages and former residence, occupations and characters, so far as
is known, of the parents of children coming under its supervision, the
dates of reception, placing out and adoption of children, together with the
name, occupation and residence of the person with whom the child is
placed; the date and cause of any removal to another home, and a brief
history of each child until it shall have reached the age of eighteen (18)
years, or shall have been legally adopted or discharged according to law.
1932 Code, § 4991; 1930 (36) 1374.

S 4992. Bureau act as guardian — adoption. — The children's bureau shall be
the guardian of the persons of all destitute, dependent, neglected or delin-
quent children who are committed to their care and shall, as soon as prac-
ticable, place said child or children in private homes, either temporarily

§ 4992 Civil Code Page 48

or as members of families, and where such action is deemed proper and
desirable and does not conflict with any retained legal rights of natural
parents, may consent in loco parentis to their legal adoption.
1932 Code, § 4992; 1930 (36) 1374.

§ 4993. Introduction of children into State regulated. — No person, agency,
or institution shall bring or send into this State, from another State, terri-
tory or country, any child and leaving it, place it in a foster home or procure
its adoption without the person so bringing or sending the child shall first
notify the children's bureau of their intention so to do, and shall before
bringing said child into this State, obtain from the bureau a certificate
stating that such home is in the opinion of the bureau a suitable home for
the child, and such certification shall state the name, age and personal de-
scription of the child, and the name and address of the person with whom
the child is to be placed, and shall furnish satisfactory evidence that said
child is not incorrigible or of unsound mind or body, and such other infor-
mation as may be required by the bureau, and that they will remove any
such child who becomes a public charge or who in the opinion of the bu-
reau becomes a menace to the community prior to its adoption, or of legal
age. The person bringing or sending the child into the State shall report at
least once each year, and such other times as the bureau shall direct, as to
the location and well being of the child so long as it shall remain in the
State and until it shall have reached the age of eighteen (18) years or shall
have been legally adopted.
1932 Code, § 4993; 1930 (36) 1374.

§ 4994. Investigation for state institutions. — The children's bureau shall
act as a bureau of investigation and may be used by state institutions in-
vestigating all applications for admission and dismissal of children.
1932 Code, § 4994; 1930 (36) 1374.

§ 4995. Report removal of child from mother — exceptions. — All private
individuals, including midwives, physicians, nurses and hospitals and the
offices of all private institutions, as well as agencies and organizations, who
shall remove a child within six (6) months after its birth from its nat-
ural mother, shall report to the children's bureau the names and addresses
of the parents of child and names and addresses of the persons with whom
the said child is left, unless the person removing said child from its natural
mother knows of his or her own knowledge that said child was born in
wedlock, and was not removed from its mother because of immoral sur-
roundings.

1932 Code, § 4995; 1930 (36) 1374.

§ 4996. Misdemeanor to violate provisions. — Any person who shall violate
any of the provisions of this chapter or who shall make any false state-
ments or reports to the children's bureau with reference to the matters
contained herein and any parent or guardian, or person receiving a child
who shall give a false name or address to the children's bureau shall, upon
conviction be guilty of a misdemeanor, and be punished by fine or impris-
onment, or both, at the discretion of the court.
1932 Code, § 4996; 1930 (36) 1374.

Page 49

Public Welfare

§ 4996-1

CHAPTER 1^0-A
Public Welfare

Article 1.
Article 2.

Article 3.
Article 4.
Article 5.
Article 6.

Article 7.

Administration and Organization, § 4996-1.

General Provisions Relating to Administration of Assistance,

§ 4996-15.
Assistance to Aged Persons in Need, § 4996-30.
Aid to Dependent Children, § 4996-34.
Aid to Needy Blind, § 4996-40.
Assistance for Other Handicapped and Unfortunate Persons,

§ 4996-50.
General Provisions, § 4996-58.

ARTICLE 1

Administration and Organization

4996-1. State department of public wel- 4996

fare.
4996-2. Powers and duties of state de- 4996

partment.
4996-3. State board. 4996

4996-4. State director of public welfare. 4996-
4996-5. State department.
4996-6. State board submit budgets and

reports. 4996-

4996-7. County department of public wel- 4996-

fare.

4996-14. Advisory

8. County board — duties and pow-
ers.

9. County board — meetings ■ — quo-
rum — pay.

10. County director.

11. County board submit budgets,
keep records and make re-
ports.

12. Standards of work.

13. Funds for administration and
expenses.

councils.

§ 4996-1. State department of public welfare — South Carolina board of
public welfare — election — terms — vacancy. — There is hereby created a state
department of public welfare hereinafter referred to as the state depart-
ment with such subordinate divisions as may now or hereafter be created
or authorized by law, which shall operate under the South Carolina board
of public welfare, the members of which shall be elected by the General
Assembly and shall consist of a chairman elected from the State at large
for a term of four (4) years and until his successor shall have been duly
elected and qualified, and one commissioner elected from each congres-
sional district; the commissioners elected from the first, third and fifth dis-
tricts shall serve for two (2) years and until their successors have been
duly elected and qualified and the commissioners from the second, fourth
and sixth districts shall serve for four (4) years and until their successors
have been duly elected and qualified. The successors of the original com-
missioners so elected shall serve for terms of four (4) years and until their
successors have been duly elected and qualified. No member of the said
board shall be eligible to succeed himself nor shall any citizen residing in
the county from which the preceding commissioner came, be eligible to
succeed him. No member of the General Assembly shall be eligible for
election as chairman or commissioner. In case of any vacancy by death,
resignation or otherwise in the office of chairman or commissioner from
any district, the Governor shall appoint a successor to serve only for the

§ 4496-1 Civil Code Page 50

unexpired term.
1937 (40) 496.

§ 4996-2 Powers and duties of state department. — The state department
shall supervise and administer the public welfare activities and functions
of the State as provided in this chapter or as subsequently authorized by
law and is authorized to act as the agent of the State and to cooperate with
any federal agency for the purpose of carrying out matters of mutual con-
cern and to administer any federal funds granted the State in the further-
ance of the duties now or hereafter imposed upon the department by law.
The department shall study the various social problems confronting the
State, inquiring into their causes and possible cures, making such surveys,
gathering such statistics, and formulating such recommended public policies
in connection thereto as may be in the interest of the State, and make such
information available in published form. The department shall have the au-
thority to adopt all necessary rules and regulations and formulate policies
and methods of administration when not otherwise fixed by law, to carry
out effectively the activities and responsibilities delegated to it.
1937 (40) 496.

Rules and Regulations

Promulgated and Adopted by the South Carolina Board of Public Welfare:

(Filed secretary state's office July 20, 1938. §§ 1 and 2 of C. of XIII filed

March 20, 1939.)
I. The following rules and regulations are promulgated and adopted pursuant to
the following provisions of the South Carolina public welfare act:

1. "The department shall have the authority to adopt the necessary rules and regu-
lations and formulate policies and methods of administration, when not otherwise
fixed by law, to carry out effectively the activities and responsibilities delegated to
it." 1937 Acts, page 497, section 2.

2. "The respective county boards shall maintain such standards of work, proce-
dure and records as are required by the state department in the discharge of any
functions or in the use of any funds provided by the said state department." 1937
Acts, page 501, section 12.

3. "Applications for assistance under the provisions of this act shall be made as
provided in the various parts hereof, and where no such provision has been made,
in accordance with the manner and form prescribed by the state department." 1937
Acts, page 504, section 23.

II. Changes in rules, regulations and instructions will be made known by official
bulletins in writing issued by the state director or a division chief and only such
written instructions shall be considered authority for change.

III. No complaint concerning a client who is receiving or has been refused assist-
ance, shall be considered or acted upon by the state department, or any of the county
departments, unless the person registering the complaint is willing to have his name
used, and in case of specific charges, willing to sign a written statement containing
said charges.

IV. Making application: 1. Applications for assistance in any of the categories
under the public welfare act shall be filed with the department of public welfare in
the county where applicant resides and shall be made upon forms supplied to the
county departments by the state department. Before the application is signed, it
should be read by the applicant, or read to him if he be unable to read. It should be
carefully explained to him that the signature which he gives at that time should be
the one that he expects to use in indorsing checks if granted assistance. The pay-
ment of checks will be questioned if the signature of indorsement is not the same as

Page 51 Public Welfare § 4996-2

the one on the application. Where the application is signed by mark, such signature
must be attested by two witnesses, whose addresses shall be given.

2. Any person whose application has been accepted for investigation shall exe-
cute several copies of form DPW 108 A, authorizing any financial institution to dis-
close to the authorized agent of the department any information pertaining to his
financial resources.

3. Where an application is rejected without investigation, on the basis of informa-
tion furnished by the applicant himself, such applicant shall have the opportunity
to submit further information if he is not satisfied with such rejection; and in the
event of final rejection of the application without investigation, the right of appeal
as provided for in section 17 of the act shall be explained to such applicant.

V. Eligibility: In accordance with the provisions of the federal social security act
and of the South Carolina public welfare act, eligibility requirements are established
as follows: A. Assistance to aged persons in need, to dependent children, and to the
needy blind. 1. Citizenship. In cases where the birthplace given in the signed appli-
cation indicates the fact of birth in the United States or its territorial possessions no
further proof of citizenship will be required, provided the verified statements as to
age, residence, and need check with statements of the applicant, and, provided fur-
ther that all data submitted by references and the applicant substantiate the appli-
cant's statement.

2. Age. a. For old age assistance: The recipient must have attained the age of 65.

b. For aid to dependent children: The recipient must be under the age of 16.

c. For aid to the blind: No age limit is fixed.

3. Residence, a. For old age assistance: The law requires that an applicant must
have been a resident of the state for at least five years within the nine years imme-
diately preceding his application for old age assistance, and must have resided in
the state for at least one year immediately preceding the date of the application.

b. For aid to dependent children: The law requires that a child to be eligible must
have resided in the state for one year immediately preceding the application for
such aid, or must have been born in the State within a year preceding the appli-
cation and his mother must have resided in the State one year immediately pre-
ceding the birth of said child.

c. For aid to the needy blind: The law requires that an applicant to be eligible
must have been a resident of the State for five years during the nine years imme-
diately preceding the date of the application and must have resided in the State
continuously for one year immediately preceding the date of application; or, that he
must have suffered the loss of sight while a resident of the State, or was blind and
a resident of the State at the time of the passage of the public welfare act.

d. Application must be made in the county in which the applicant resides.

e. Any recipient who moves to another county within the State may, with the ap-
proval of the state department, receive assistance in the county to which he has
moved, and the county from which he has moved shall be required to transfer to
the county to which he has moved all necessary records relating to the recipient.

4. Need. Need is the basic requirement for eligibility in any one of the three cate-
gories.

a. Statement relative to need. (1). For old age assistance: An applicant to be eli-
gible must have no income, or income which, when added to the contributions in
money, subsistence, or service from relatives or from any other source, is inadequate
to provide a reasonable subsistence; moreover, the law provides that an income of
$240.00 or more annually will disqualify an applicant for assistance, and that no
assistance shall be granted or allowed to any individual in excess of $240.00 annually.

(2). For aid to dependent children: An applicant to be eligible must have been de-
prived of parental support or care by reason of death, continued absence from home,
or physical or mental incapacity of the parent, and who is living with his or her
father, adoptive father, mother, adoptive mother, grandfather, grandfather-in-law,
great-grandfather, grandmother, grandmother-in-law, great-grandmother, step-fa-

§ 4996-2 Civil Code Page 52

ther, step-mother (but not their parents), brother, brother of the half blood, bother-
in-law, adoptive brother, sister, sister of the half blood, sister-in-law, adoptive sis-
ter, step-brother, step-sister, uncle and aunt (of the whole or half blood), uncle-in-
law, aunt-in-law, great uncle and great aunt, in a place or residence maintained by
one or more of such relatives as his or her own home and if not granted aid is likely
to become a public charge or who would otherwise be deprived of proper support,
care, or training.

(3). For aid to the blind: Assistance in the form of money payments shall be
granted to blind persons in need who have no vision, or whose vision with correct-
ing glasses is so defective as to prevent the performance of ordinary activities for
which eyesight is essential, who are unable to provide themselves with the necessi-
ties of life, have insufficient means for proper support and have no relatives or other
persons able to provide and legally responsible for their maintenance or willing to
provide therefor.

b. Assistance will only be paid to clients living in a private institution designated
by the State Department of Public Welfare that provides acceptable living arrange-
ments, after determining the following facts: (1) That the institution is not a public
institution by virtue of the circumstances of its origin, the auspices under which it
is managed and the basis of financial support.

(2) That care and maintenance which would render the individual ineligible as
to need have not been purchased by payment to or transfer of money or money's
worth to the institution in sufficient amount to cover the cost of such maintenance
and care.

(3) That the institution has been inspected and approved within the fiscal year
for conformity with State and local fire and health regulations and with the stand-
ards of care that are acceptable to the state department of public welfare. Such in-
spections will be made by the division field supervisor of the state department of
public welfare and will be approved by the chief of the division of public assistance.

c. Responsible relatives. Persons having responsible relatives who are able to as-
sist them cannot be considered to be in need. Obviously, primary responsibility rests
with the father of dependent children. Special emphasis must be placed on obtaining
concrete evidence with respect to the normal bread-winner to support dependent
children. Income from the wages of children are to be considered as meeting tne
needs of the applicant only in such amount as may be reasonable to expect from
such children.

d. Desertion, separation, and non-support. (1) Desertion applies to the disappear-
ance of the parent, the husband or wife, from the family without contact or indi-
cated intention of returning.

(2) Separation indicates the removal of husband or wife from the family group
with the intention of permanency, but without the intention of disappearing. Non-
support may or may not be involved in the situation.

e. Property. (1) Persons who have unmortgaged real property, in excess of homes,
are not eligible for any type of assistance.

(2) All investigation records shall include a statement of the amount of property
both personal and real, in which the applicant has an interest.

(3) If at any time during the continuance of assistance the recipient thereof be-
comes possessed of any property or income in excess of the amount stated in his or
her application, it shall be the duty of the recipient immediately to notify the county
department of the receipt or possession of such property or income and the county
department may, after investigation, either cancel the assistance or alter the amount
thereof in accordance with the circumstances.

f. Liquid assets (bank accounts, investments, insurance, small businesses). (1)
Bank account. Bank accounts affect eligibility in proportion to the amount of de-
posit. In general it is to be considered that a person or group in need to the degree
that an application for public assistance is made may retain a bank account while
receiving such assistance only if the whole sum on deposit will eventually be used

Page 53 Public Welfare § 4996-2

to meet some necessity of the person, such as payment for burial expenses.

(2) Investments. In general, investments upon which cash can readily be realized
should be used for the immediate needs of the applicant, though there may be ex-
ceptions where sale is not considered wise.

(3) Insurance. The type of insurance carried determines its effect on eligibility.
Policies which have a cash surrender or loan value, especially endowments, should
be considered in the light of an asset similar to any other investment. Small straight
life or burial insurance policies, the total value of which will not more than cover
reasonable burial expenses for an individual, may be considered a necessity.

(4) Small businesses. Aged and infirm persons can frequently carry on small shops
or raise small amounts of produce on their farms. In each situation a thorough check-
ing of the expenses and income of the business must be completed before eligibility
is determined.

g. CCC allotments, WPA and NYA wages. (1) Where a CCC enrolee has assigned
a regular monthly allotment to a member of the applicant's immediate family the
amount of the allotment should be treated as any other income.

(2) A member of an applicant's family who is employed on WPA has the same
obligation for support of the applicant as he would have if he were employed in pri-
vate industry.

(3) A member of an applicant's family who is employed on NYA has the same ob-
ligation to the applicant as he would have if he were employed in private industry.

5. Additional law and policy governing eligibility for aid to the needy blind, a. No
application for aid to the needy blind shall be approved until applicant's eyes have
been examined by a recognized ophthalmologist.

b. A list of approved ophthalmologists will be furnished each county director by
the state department and from these lists the applicant may select a physician to
examine him at the expense of the county department.

c. Re-examinations should be made not less than once every two years.

d. In conformity with the federal social security act, a person may not receive
this type of assistance during the same period in which he is a recipient of old age
assistance.

e. No recipient of aid to the blind is allowed to publicly solicit alms.

f. Assistance will be reduced or discontinued if any recipient or claimant for re-
lief refuses to permit such operation or treatment as may benefit or remove the re-
cipient's disability.

B. Assistance for other handicapped and unfortunate persons. In addition to aid
to the aged, dependent children, and the blind, the South Carolina law makes pro-
vision for assistance to other handicapped and unfortunate persons in need. The re-
quirements for eligibility are as follows:

1. The recipient must reside in a county which has appropriated and made avail-
able from its own funds a sum of money for the care and support of such persons.

2. The recipient must be unable to support himself because of physical or mental
infirmity, and would suffer unless so provided for.

3. A recipient must be unable to provide himself with the necessities of life, have
insufficient means of his own for proper support and have no relative or other person
legally responsible for his maintenance or willing to provide therefor.

C. Works progress administration - work relief. Applicants for certification to
WPA for work relief shall be made to the department of public welfare in the county
where the applicant resides.

In general, families or unattached persons are eligible for certification to the WPA
when employable members are able and willing to work but are unable to secure
employment and are in need and when a complete study proves that every available
resource has been or is being utilized. In determining eligibility the following fac-
tors must be taken into consideration:

1. Employment, a. Certifications to WPA should be made only in cases when there
are employable members in the case who are able and willing to work and who are

§ 4996-2 Civil Code Page 54

unable to secure employment.

b. Persons under employed or partially employed are not to be referred.

c. The employable person in the family who has priority should be immediately
available for employment on the works program.

d. Persons engaged in private employment are not eligible for certification dur-
ing continuance of their private employment. Persons such as teachers on vacation
from regular jobs are engaged in regular employment.

e. Only one member of a family group may be employed by WPA. If a member
of the family is employed on the administrative staff of the WPA no other member
of the family is eligible for employment on a work project, although youths in
these families may be assigned to projects of the NYA.

f. Women who are logical heads of the families or are unattached are eligible for
certification to the WPA provided:

(1). They are not eligible for assistance under any other category unless such as-
sistance is not in their best interests.

(2). They have an employment history or have a skill which should be preserved,
such as teachers, typists, stenographers.

g. A woman with an able-bodied, employable husband is not eligible for certifica-
tion to the WPA as her husband is head of the family.

h. Families classified as agricultural workers are to be certified in the same man-
ner as any other type of worker.

i. CCC employment does not preclude employment on WPA, although income
from such employment is used in estimating need.

j. All persons certified to WPA must be actively registered with the South Caro-
lina employment service. Each social worker of the DPW should so inform the ap-
plicant.

2. Need. a. The need of all persons certified to the WPA must be established after
due consideration of the resources of the entire family group, provided, that the fact
that a person is entitled to or has received either adjusted service bonds, commonly
known as the "Bonus," or a treasury check in payment of an adjusted compensa-
tion certificate, shall not be considered in determining actual need of relief for cer-
tification to WPA.

b. Income must be proven insufficient to meet the minimum needs of the family,
and there must not be any other resource on which to draw in order to meet these
needs. In other words, the case must have a budgetary deficit.

3. Age. No person under the age of 18 years may be certified for employment to
WPA as they are not eligible for employment by WPA.

4. Health. No person whose age or physical condition is such as to make his em-
ployment dangerous -to his health or safety or to the health or safety of others
shall be certified; however, persons physically handicapped but otherwise employ-
able may be certified where such persons may be safely assigned to work which
they are able to perform.

5. No person currently serving sentence in a correctional or penal institution may
be certified on a work project. This shall not be interpreted to include persons on
probation or parole.

6. Discrimination. Workers who are qualified by training and experience to be
certified to WPA and who are otherwise eligible shall not be discriminated against
on any grounds whatsoever, such as race, religion, sex, or political affiliation.

7. Citizenship. Only citizens of the U. S., or aliens who have declared their inten-
tion to become citizens, shall be certified, since the WPA will not knowingly permit
the employment of aliens illegally within the limitations of continental U. S.; and
the WPA will make every effort consistent with the prompt employment of the des-
titute unemployed to see that such aliens are not employed.

8. Families or unattached persons eligible for social security benefits, i.e., aid to
dependent children, aid to the needy blind, old age assistance, and the general re-
lief are considered to be the responsibility of the DPW and, in general, certifications

Page 55 Public Welfare § 4996-2

of this group shall not be made to WPA.

9. Persons eligible for unemployment compensation benefits shall not be eligible
for WPA projects until after expiration of period during which unemployment com-
pensation benefits are paid.

D. National youth administration. Applications for certification to NYA shall be
made to the department of public welfare in the county where the applicant resides.

1. Age. No person under the age of 18 years or over 25 years may be certified for
NYA employment.

2. Health. No youth whose physical condition is such as to make his employment
dangerous to his health or safety or to the health or safety of others shall be certi-
fied for NYA employment; although this regulation shall not be construed to operate
against the employment of handicapped persons employable where such persons
may be safely assigned to work which they can ably perform.

3. Need. a. Youths in families which are in need are eligible for employment ir-
respective of the fact that the primary wage earner is employed on WPA or else-
where, or is certified for work relief; provided that there is a budgetary deficit in
the family.

b. Any youth, otherwise eligible, who is a member of a family eligible for any
form of public assistance may be certified for NYA employment only; and family
need is necessarily determined in the manner prescribed in existing regulations for
the type of assistance that the family is eligible to receive.

c. Youth members of farm security administration homestead families, and families
receiving subsistence grants from the farm security administration are eligible for
certification for NYA employment, but youth members of families receiving assist-
ance from farm security administration solely in the form of standard or emer-
gency loans are not eligible for certification to NYA.

4. Employment, a. It must be definitely determined that employment other than
NYA employment cannot be secured.

b. Youths engaged in private employment are not eligible for certification during
continuance of their private employment. Persons such as teachers on vacation from %
regular jobs are engaged in regular employment.

5. No person currently serving sentence in a correctional or penal institution may
be certified for NYA projects. This does not include persons on probation or parole.

6. Only citizens of the U. S., or aliens who have declared their intention to be-
come citizens, shall be certified, since the state youth director will not knowingly
permit the employment of aliens illegally within the limitations of continental U. S.;
and the WPA will make every effort consistent with the prompt employment of the
destitute unemployed to see that such aliens are not employed.

7. Discrimination. Workers who are qualified by training and experience to be
certified to NYA and who are otherwise eligible shall not be discriminated against
on any grounds whatsoever, such as race, religion, sex, or political affiliation.

E. Civilian conservation corps. 1. Original selection. In order to be eligible for se-
lection for enrollment as a junior in the civilian conservation corps the applicant
must be:

a. A male citizen of the United States by birth or completed naturalization.

b. Unmarried (see note below).

c. Between the ages of 17 and 23, both inclusive (see note below).

d. Unemployed and in need of employment.

e. Not in regular attendance at school or on vacation from school.

f. Willing to allot at least $22 per month of his monthly cash allowance to his de-
dependents, or if he has no dependents, to deposit not less than $22 each month with
the chief of finance, war department.

g. In good physical condition.

h. Of good character and stability of purpose.

i. Agreeable to remain in the corps at least six months unless he secures other em-
ployment that will better his condition or unless he is urgently needed at home.

§ 4996-2 Civil Code Page 56

Note: The basic law provides exemption of marital status, maximum age, and
maximum service in the case of one leader, one mess steward and three cooks per
company. Selection or reselection of any men under these exceptions will be madu
only upon specific request of the corps area commander to the state selecting agency.

2. Re-selection. If otherwise fully qualified under the provisions of Paragraph 1
above, a former junior enrollee may be re-selected for enrollment in the civilian
conservation corps, provided that:

a. He was honorably discharged from each preceding enrollment. If any previous
discharge certificate bears one of the following notations, the applicant is not eli-
gible for re-selection: (1) "Not considered worthy of reenrollment"; (2) "Adminis-
tratively discharged"; (3) "Dishonorably discharged."

Note: A former enrollee, the type of whose discharge has been changed by the
corps area commander from administrative or dishonorable to honorable, may be
considered eligible for re-selection provided that he has been discharged from the
civilian conservation corps for at least six full months.

b. He has been discharged from the civilian conservation corps for at least six
full months, except:

That a junior who has been honorably discharged because of physical disability
not the result of his own misconduct, and who has since overcome such disability,
if otherwise qualified is eligible for re-selection at any subsequent enrollment period.

c. Enrollments shall not exceed a total term of two years.

3. Priority of selection. Among applicants who are equally qualified in fitness,
character and need for employment, preference shall be given in order of financial
need. The following priorities shall be observed in making final selection of princi-
pals and alternates from within the group of eligible applicants:

a. Applicants who are themselves receiving, or are certified for relief or other pub-
lic aid, or whose dependents are receiving or are certified for relief or other public
aid, shall be given priority over applicants of equal personal qualifications who are
not so certified.

b. Applicants with dependents who are required by law to make allotments, and
applicants without such dependents but who desire to make voluntary allotments
for the support of other needy relatives, shall be given preference over applicants
without dependents, who desire to make deposits: provided, however, that in the
discretion of the selecting agency single, unattached men (non-transient) actually
receiving any form of public aid or assistance, who are otherwise eligible except
that they do not have dependents, may be given preference over applicants with
dependents but not actually receiving any form of public aid or assistance. Appli-
cants selected under this proviso shall make a deposit in lieu of an allotment.

e. Between two equally qualified applicants, one of whom has previously been en-
rolled as a member of the civilian conservation corps, preference will be accorded
the applicant who has not previously had the opportunity of enrollment in the corps.

d. Applicants who are eligible in every respect but who do not come under the
above classifications.

4. Persons not eligible for selection or re-selection, a. Persons under conviction for
crime and serving sentences therefor, and those who are on probation or parole.

b. Civil law enforcement officers, such as justices of the peace, sheriffs, game war-
dens, and their deputies.

c. Members of the National Guard.

F. Commodities. Eligibility for commodities is to be determined on the same
budgetary procedure as eligibility for any other type of assistance.

1. Those eligible for food and clothing: a. Persons who are receiving special as-
sistance, i.e., old age assistance, aid to the blind, or aid to dependent children.

b. Persons on "waiting list" for special assistance.

c. Persons who are eligible for general assistance or who would be eligible there-
for if county funds were available for this purpose.

d. Persons who are receiving assistance through certain other programs, such as

Page 57 Public Welfare § 4996-2

WPA and NYA where there is a budgetary deficit after the assistance from such
agencies is computed as income,
e. Persons eligible for relief to needy unemployed.

2. Those eligible for food only: a. Institutions that are supported in whole or in
part by public funds, such as alms houses, state hospitals, orphanages, etc., may re-
ceive perishable commodities provided there is a surplus of such perishable com-
modities in the State as certified to by the director of commodity division, and that
the institution is certified by the state department of public welfare to the com-
modity division as an institution supported in whole or in part from public funds.
Penal institutions, such as jails, penitentiaries, reformatories, chain gangs, etc., are
excluded from the certified list of institutions.

b. School lunches. Lunches prepared in whole or in part from surplus food com-
modities are not to be sold. In the distribution of such lunches to school children, no
distinction is to be made between relief and non-relief children. If any segregation
of children is attempted by those responsible for management of these programs,
further allocations of surplus commodities to them are to be canceled.

3. Farm security administration clients are not eligible for commodities except in
cases of emergency, but are eligible for surplus clothing.

G. Needy unemployed. The .following factors are to be taken into consideration
in determining eligibility of applicants for relief to the needy unemployed:

1. Employment, a. Persons who are permanently or temporarily unemployed may
be eligible for cash assistance and commodities.

b. Persons who are under employed or partially employed are not eligible for
cash assistance, but commodities may be given if need is established.

c. It must be definitely determined that the applicant cannot secure private em-
ployment or WPA employment before cash assistance may be granted and such as-
sistance shall be discontinued not later than the date on which the recipient of this
assistance received his first pay check, either from private or WPA employment.

d. Persons who are on vacation from regular employment are not eligible for
relief to the needy unemployed, i.e., teachers.

e. All applicants must be registered with the South Carolina employment service
before they may be accepted for assistance.

2. Need. a. Resources of the entire family group should be considered in deter-
mining eligibility as to need.

b. Income must be proven as inadequate to meet the minimum needs of the case.
In other words, the case must show a budgetary deficit.

c. Ownership of real property, which is not mortgaged or entailed, and is in ex-
cess of the home, disqualifies the case for relief to the needy unemployed.

d. Assistance may not be granted to a case where its members have either bank
or savings accounts until such resources have been exhausted.

e. Assistance may not be granted to a case when there is a loan value on any in-
surance policy owned by any member of the family.

f. Cases will not be accepted for assistance if relatives are able to care for them.

3. Residence. There is no specific requirement regarding residence. However,
where the family has not resided in the State for a period of three years and it is
to the family's best interest to return to its legal residence, assistance may be granted
only until such return can be made.

4. Relief to the needy unemployed cannot be given to cases eligible for assistance
under other categories.

VI. Determining eligibility. A. The investigation. Before assistance may be granted
to any person a complete investigation and report must be made concerning each
factor of eligibility. It is important that the investigation concerning eligibility be
made clear in the record.

B. Verification. 1. Citizenship. Where the applicant's birthplace is not in the United
States or territorial possessions, proof of United States citizenship shall be the re-
sponsibility of the applicant and must be supplied by documentary evidence. Such

§ 4996-2 Civil Code Page 58

documents should consist of citizenship papers, or certification by the department of
labor of derivative citizenship acquired through the nationalization of parents, treaty
agreements, etc. True copies of such papers shall become a part of the case record.

2. Age. South Carolina has required birth registration only since 1915 (See Sec-
tion 5130, S. C. Code, 1932). Since this is the case less accurate means of registration
will have to be used to verify age for old age assistance. The following documents
may be considered reliable sources of verification:

a. Marriage certificates having the date of marriages, birthplace, and the ages of
the contracting parties.

b. Birth certificates of children of applicants, those certificates showing the age of
the parents at the time of the children's birth.

c. Ages of sons and daughters when these are sufficiently advanced; but these
must be verified.

d. Naturalization papers which sometimes give the age at the time of naturaliza-
tion; but in all cases indicate that the person was twenty-one at that time.

e. Passports and service books of immigrants.

f. Parish records and baptismal certificates.

g. Bible records or other written family records; birthday books, old embroidered
samplers; old family pictures with dates and ages, etc. State type of family record
used for verification.

h. Insurance papers. The frequency with which people under-state their age for
insurance purposes makes them unreliable when they indicate that the insured is
under seventy, but fairly conclusive evidence that a person whom they show to be
seventy is at least that age.

i. Employment records.

j. School records. These are occasionally, but not ordinarily, available.

k. Records of trade unions, fraternal societies or other organizations.

I. Federal or state records in the case of those who have been in civil or military
service of the nation or State.

m. Daughters of American Revolution records.

n. Hospital records, or those of physicians.

o. Vaccination certificates.

p. Enrollment records of voting districts where these show the actual age of the
voter and not merely that he had passed a certain age.

q. Local census records which may give birth date and place. National census
records - bureau of the census, Washington, D. C.

r. Records of town, country or city public welfare officials and of private welfare
organizations in the cases of persons who have been aided by either.

s. Savings bank records. Depositors are sometimes required to give age at time
of opening account.

t. Tombstone record when stone has been erected in anticipation of death.

u. Old licenses of various kinds (such as hunting, fishing, and liquor licenses)
sometimes carry age.

v. Affidavit of responsible person if it is based on personal knowledge of facts
which will determine the problem of age.

It should be kept in mind that in the past persons may have failed to reveal their
true age because of the desire to retain employment or secure insurance. If the ap-
plicant has mis-stated his age in the past, some definite confirmation to offset this
should be recorded.

3. Residence. From the record of the first interview, exact addresses in towns or
descriptions of the location of home should be available to the person undertaking
the verification. The following sources for verification are presented in the order of
their significance:

a. Rent receipts.

b. Landlords.

c. Neighbors.

Page 59 Public Welfare § 4996-2

d. Employers.

e. School attendance records of children.

f. Merchants and professional persons serving the applicant.

g. Personal knowledge of the worker,
h. Local directories.

i. Census records.

j. Public utility receipts. .

k. Newspaper items.

I. Civil registration,
m. Tax receipts.

n. Birth records of children.

0. Addresses on old letters if date of postmark is clear.

p. Records of other social agencies, trade unions, fraternal societies, etc.

4. Relatives responsible for support. Responsible relatives should be personally
interviewed by the worker if this is possible. There must be no exception to the
interview of the father of dependent children unless careful investigation proves
that his whereabouts are not known. A report of the extent of the effort made to
locate him should be recorded in the case record.

5. Wages. Wages may be verified through the employer if it is known that some
member of the family is working.

6. Income from investments, pensions, bank accounts, etc. The value of all in-
vestments should be definitely determined and the amount of pensions (except Con-
federate pensions). Bank accounts may be verified by bank clearance, form DPW
108. Client's authorization, DPW 108A, for securing this information will have been
obtained at the time of application.

7. Insurance. Insurance assets can be verified, using form No. DPW 109, data on
insurance. Client's authorization, DPW 108A, for securing this information will have
been obtained at time of application.

8. Property. Form No. DPW 107, entitled data on real estate, should be used in
verifying.

9. Income from CCC, WPA, or other federal agency may be verified by reference
to the nearest office of such agency.

10. Relationship of child to relative with whom the child lives is to be verified in
the case of applications for aid to dependent children when the child is living with
other than one or both parents. Parentage may be verified through birth registra-
tion, physicians' records, or statements of reliable references.

II. Blindness. Verification of eligibility on grounds other than the condition of the
sight shall be completed before plans are undertaken for the verification by physi-
cal examination of the fact that the applicant is blind within the meaning of the law.

VII. Computing budgets. A. Standard budgets. Standard guide to be used in de-
veloping budgets will be furnished by the state department of public welfare. These
guides are not incorporated herein as they will change from time to time as living
conditions and available funds change.

Budgets made shall compare income and estimated minimum needs. The standard
budget will include:

1. Need. Allowance shall be made in accordance with the current standard guide
for the following items -

a. Food.

b. Rent

c. Fuel

d. Light

e. Clothing

f. Medical care

g. Insurance

h. Other expenses
i. Incidentals

§ 4996-2 Civil Code Page 60

2. Income. The total of any regular resources should be carefully computed and
deducted from the total budget of the family needs to indicate a budgetary defi-
ciency. Income to be deducted may include:

a. Wages received from part-time work on the part of an applicant who is unable
to secure regular work and is otherwise eligible.

b. Any income from property or other sources.

c. Contributions from relatives, friends, churches, lodges, etc.

d. Produce raised. If this produce is sold the cash realized should be counted as
income on exact basis. If it is used by the family it will be accounted for by omit-
ting these items from the budget when the produce is available.

VIII. Amount of assistance. Pending further action of the South Carolina board
of public welfare, the assistance granted to any person, under any category, shall
not exceed 66 2/3 per cent of the budgetary deficit, i.e., the amount by which the
applicant's computed needs exceeds his total income (resources), unless such per-
centage of the budgetary deficit is less than $4.00 per month; provided that the
minimum grant shall be $4.00 per month.

A. For old age assistance. According to the act, assistance to the aged shall be
determined by the county department with due regard to the conditions existing in
each case. It shall be sufficient, when added to other income and support of the re-
cipient, to provide such persons with a reasonable subsistence comparable with de-
cency and health, provided that such amount of assistance shall in no case ex-
ceed $240.00 annually.

B. For dependent children. In granting aid to dependent children the amount
granted shall not exceed $15.00 per month for one child in any home, nor $10.00 for
each additional child in the same home.

C. For the blind. The amount of assistance which any such person shall receive
shall be determined by the county department after making such investigation as
is necessary or required by the state department, with due regard to the resources
and necessary expenditures and the conditions existing in each case and shall be
sufficient, when added to other income in support of the recipient, to provide such
person with a reasonable subsistence compatible with decency and health, not to
exceed $300.00 in any year, payable in such monthly installments as the county de-
partment may determine subject to the approval of the state department.

D. For general assistance. "Upon the completion of the investigation the county
department shall decide whether the applicant is eligible for assistance under the
provisions of part 6 of this act, the amount of assistance which any person shall re-
ceive shall be determined by the county department with due regard to the re-
sources and necessary expenditures of each case, and the conditions existing in each
case in accordance with the rules and regulations made by the state department
and shall be sufficient when added to all other income and support of the applicant
to provide such person with a reasonable subsistence compatible with decency and
health. In no case shall more than one hundred and twenty ($120.00) dollars per
year be granted to any individual recipient from State funds provided a county,
and the total assistance to any recipient, including both State and county funds shall
not exceed three hundred and sixty ($360.00) dollars in any year."

E. For needy unemployed. 1. Awards to cases found eligible for relief to the
needy unemployed cannot exceed $20.00 per month.

2. All payments will be made monthly and by check.

IX. The granting of assistance. A. Authorizing assistance. Upon completion of its
investigation the county department shall decide whether the applicant is eligible
for assistance under the provisions of the South Carolina public welfare act, and
determine the amount of such assistance and the date on which such assistance
shall begin.

1. Regular grants for special assistance. A regular and continuing grant for spe-
cial assistance is not to be made until the investigation is complete and it has been
determined whether the client is eligible and, if he is, to what type of assistance.

Page 61 Public Welfare § 4996-2

At the time of application the applicant should sign the application form for special
assistance, if the situation as presented seems to bring him within one of these clas-
sifications.

When a case is transferred from one classification to another, it should be closed
in the classification in which it has been carried by the use of the proper form. When
an individual previously carried as a member of the grant group in one classifica-
tion becomes eligible for some form of grant in his own right he should make sep-
arate application and relief is authorized for the new applicant by the same proce-
dure as if he had not previously received assistance, and the budget or the original
case is adjusted.

2. Grants for general assistance. Grants for general assistance may cover relief
given to meet the needs of any individual or group not receiving special assistance.
If it is understood that eligibility exists for special assistance and general assistance
is being given, all necessary procedures should be taken without delay for opening
the case to some form of special assistance.

3. Appointment of responsible person. "If an applicant or recipient shall be found
by the county department to be incapable of taking care of himself or his money,
or if in the discretion of the county department his interest will be best served, the
state department, or one designated by it, may apply to the probate court of the
county in which such applicant or recipient lives for the appointment of a guardian,
to whom the payments of assistance granted shall be made for the benefit of the
applicant or recipient, and such guardian shall file a copy of his return with the
county department as well as with the probate judge, as now required by law, and
such other reports as the said county department shall require. Provided, that the
respective probate guardianship shall serve without charging any fees, costs or com-
missions."

Where a responsible person has been appointed, entries on the payroll (Form
PW-1) and checks will be made out to the person legally responsible for the client.
In order to support such payroll entries and checks signed, duplicates of Form
DPW-123 must be mailed to the state office to be filed with Form PW-24.

B. Change of status of special assistance grants. Changes in the status of special
assistance grants may be occasioned by changes in the status of the individual case
or by the funds available.

1. Change in amount of grant. The amount of grants once established will not be
changed unless careful investigation reveals some relatively permanent change in
the case situation; for instance, a recent diagnosis of tuberculosis for some member
of the family necessitating special diet; the addition of a member to the family or
the dropping out of a member.

2. Suspension of grant. There will be occasions when a temporary change in the
case situation makes a suspension of assistance advisable. This would happen where
a client visits out of the State for a sufficient length of time to warrant a temporary
with-drawal of grant but where he has no intention of remaining away. Another
instance would be the inheritance of a legacy large enough to meet the needs of
the individual or group for several months.

If a client moves from one county to another within the State without notifying
the county where he has been receiving assistance of his intention, his grant should
be immediately suspended. It may be reinstated according to procedure for transfers
(see section B-3 following), upon verification of his continuing eligibility in the
county to which he has moved.

3. Transfers. A. Transfer of applications: 1. Clients who apply either for general
or special assistance in a county other than that of which they are residents should
receive the necessary work services of that county department and investigation
must be made to establish residence and to assemble all possible information on the
case. The application should then be forwarded to the county of the applicant's resi-
dence for further investigation and for final action by the county board in that
county. Should the client be a resident of an out-of-state county his application

§ 4996-2 Civil Code Page 62

should be routed through the case correspondent of the division of field service,
South Carolina department of public welfare, for transfer.

2. Applications for such general or special assistance made in the county of the
applicant's residence, either by person or by letter, while the person is residing
temporarily in another county should be accepted and after all possible local in-
vestigation is made a request for additional information which is available only in
the county in which the applicant is living should be requested from that county in
the same manner as any other out-of-town inquiry is handled.

B. Transfer of cases - 1. Requests for transfer originating in a county where either
special or general assistance has been granted should be thoroughly discussed with
the client in order to obtain his reasons for desiring to move and what living ar-
rangements are possible for him in the county to which he is moving. A summary
of the case should then be sent to the department in the county to which the client
wishes to move and a request made for investigation as to the social desirability and
permanence of this transfer and for authorization from that county for completion
of the transfer. Upon action by the county board in the receiving county, notice of
this action will be given by letter to the county department in which the request
for transfer originated.

2. When requests for transfers originate in a county to which a client wishes to
move the director of this county should notify the department from which the ap-
plicant has been receiving assistance, of this request and the reasons for it and re-
quest a summary of the case. Upon receipt of this information the necessary in-
vestigation will be completed to determine the social desirability and permanence
of the transfer. Upon final action by the county board in the matter the county de-
partment from which assistance has been received should be notified by letter of
the final action taken by the board and the transfer should be authorized.

C. Procedure for transfer of closed cases - Where requests for transfer come from
clients whose cases have been closed in one county the county department to which
the new application is made should request the county which formerly gave assist-
ance for a summary of the case and copies of all affidavits should be made to prove
eligibility. Upon receipt of this information the county department will then com-
plete the necessary investigation and present the case to the county board for final
action.

D. Copies of all correspondence relative to transfer of applications and cases
should be forwarded in duplicate to the district field supervisor. If the transfer is
inter-district, the district field supervisor will be responsible for routing a copy to
the district field supervisor of the other county involved.

4. Discontinuance of grant. Whenever information obtained or received by the
county department indicates that a given client is no longer eligible for the grant
that he is receiving, this fact should be discussed by the worker with the client. An
explanation should give the client an understanding of his loss of eligibility. The
case record should set forth clearly the information and the grounds upon which the
decision is based. At this time his right of appeal, if dissatisfied, should be called to
his attention. Grants may not be discontinued or changed until long enough after
notification of the client of the proposed change or discontinuance for him to have
an opportunity for appeal without losing the benefit of his grant. In addition,
formal notice in writing of the discontinuance of assistance or change in amount
with the reasons for it, must be sent to the client.

When a security grant is discontinued a special closing card is made out for the
federal security statistical study. The proper form, R 201.2 for O.A.A.; RS 202.2 for
A.D.C.; or RS 203.2 A.B.; should be filled out at the time of closing.

5. Limitation on use of federal-state funds. Federal funds and funds which "have
been matched by the federal government may not be used for any other purpose
than money payments to:

a. The needy aged who are sixty-five years of age or older, who are not inmates
of public institutions, and who meet all other eligibility requirements contained in

Page 63 Public Welfare § 4996-2

the plans submitted to and approved by the social security board.

b. Dependent children who are needy, who are under age of sixteen, who have
been deprived of parental support or care by reason of death, continued absence
from home, or physical or mental incapacity of the parent, who are living with
such relatives as are designated in the S. C. public welfare act.

c. Blind persons who are in need and who are not inmates of public institutions.
All such funds may be used only for payments in cash to the approved applicant

for his own use.

Funds for any of the three public assistance categories may not be used by per-
sons other than the applicant (except the enumerated relatives of a dependent
child) to pay for supplies, material or services furnished the individual, institu-
tional or other care, medical or surgical treatment, funeral or burial expenses, or
vocational or other training or instructions. Payments on behalf of a recipient of
old age assistance or aid to the blind may be made to a guardian appointed by a
court of competent jurisdiction.

Such funds may not be used for payments of wages or compensation in respect to
work done or services rendered for the individual to whom they are granted, or for
that part of the first payment made to or with respect to an individual under the
State plan which is for a month prior to the month in which the payment is made.

X. Future case contacts. A. Home visiting. Following the original investigation and
the granting of assistance to those applicants who are eligible, the contact with the
family should be kept up by recurrent home visits at least once every six months.
Each case must be considered on an individual basis and where special circum-
stances indicate the need, the visits should be made at the discretion of the visitor
carrying the case.

The other objective in home ' visiting in such service as is within the time and
skill of the worker to give in improving the health, morale, and general wellbeing
nf the client group.

B. Recurrent investigation of need aside from home visiting. A complete semi-
annual review of the need of persons receiving special assistance grants will be
made unless information is received indicating immediate review. At the close of
this review a new budget should be made. Wherever information is received of a
change in resources or assets, reinvestigation should be undertaken at the time of
receipt.

C. Reporting of changes of case data to county and state office. All information
obtained or received by the county department should be recorded in the case rec-
ord. In addition, any change of address, of composition of the family group, correc-
tions in name, or other information affecting the issuing of grants by the state de-
partment, should be reported to that department on the form provided, and such
changes should at the same time be recorded in the files of the county offices in ac-
cordance with the instructions regarding the keeping of these forms. All changes in
the case plan, which are reflected by these data, should come to the county director
or case supervisor for review and approval before the information is transmitted to
the state department.

D. Appeal from agency action subsequent to granting assistance. The same right
of appeal to the state department is granted a client receiving special assistance who
after receiving assistance is declared ineligible and from whom assistance is with-
drawn, as is granted the applicant who is rejected at the time of his original appli-
cation. A delay of over sixty days in making a decision regarding an application is
also grounds for appeal. This should be explained to the client wishing to appeal on
the grounds of undue delay, and he should be given an opportunity to talk with the
director. If he were still dissatisfied with the explanation, the director should assist
him in making appeal.

E. Refunds. A procedure will be set up in the financial department by which the
county department may receive from clients refunds of money given as assistance
grants through misrepresentation or lack of knowledge of the client's original or

§ 4996-2 Civil Code Page 64

changed circumstances. Wherever it is learned that a client had assets not declared
or discovered at the time of application, he should be asked to refund the amount
received as assistance, either in whole or in part. Such funds should be transmitted
to the state department. The county department may also be empowered to receive
funds from relatives or interested individuals who wish to assist an applicant, when
they believe that such a person is not competent to care for their contribution. This
procedure would most often be used in connection with payments by relatives for
the care of minor children.

XI. Procedure on special and general assistance cases. A. County action. 1. At the
completion of the investigation the worker handling the case will see that all re-
quired forms are properly filled out. Special care must be taken that all forms carry
the necessary signatures.

2. The county director or case supervisor should review the case, signing those
applications which are approved; they should also be signed by the chairman of the
county board. If, at any stage, the evidence already collected on investigation clearly
shows that an applicant is not eligible, the inquiry may be discontinued. The reason
for rejection should be clearly stated. In such cases the word "Rejected", with the
date and the signature of the county director, will be written diagonally across the
space which would otherwise contain the signature.

3. As investigations are finally completed, it is the responsibility of the county di-
rector to transmit the proper records on all approved applications to the state de-
partment. This will represent to the state department authorization for issuance of
a grant.

4. Formal written notices must be given to the applicant of the decision regarding
his application and the amount of the grant will be received if his application is
approved.

B. State action. 1. Supervisory reviews. The district supervisor of the state de-
partment will review a sampling of case records including applications accepted and
rejected both at intake and after investigation. In this way the state department will
have knowledge of intake practices in the counties as well as a knowledge of all
practices with respect to cases.

2. Action on request for review. In the local office all complaints are referred to
the county director, who shall attempt to adjust the complaint by clarification of
incorrect evidence, elimination of error, or interpretation of policy to the applicant.
Failing to make this adjustment, the director shall explain to the applicant or reci-
pient his right to request review of his case by the state department as provided for
in South Carolina Public Welfare Act, Part 2, Section 17.

The county director shall assist the client who is requesting a review of his case
by the state department in preparing his formal request on DPW Form 117 and
will forward, together with all other records of the case, the original and duplicate
of this form, to the district field supervisor. The triplicate of DPW- 117 should be
retained in the county file.

If in the opinion of the applicant or recipient a decision of the county department,
in the matter of rejection for assistance, discontinuance of assistance, or change in
the amount of the grant, is unjust, or if there has been unreasonable delay in action
on his application, he may request review of his case.

The field supervisor, through the chief of the division of field service, will make
arrangements within reasonable time for this hearing at a point accessible to the
client, preferably the county seat, and the client may bring such witnesses as he
desires. The hearing shall be conducted either by the chief of the division of field
service or the field supervisor. Representatives of the county department will be
present. The client may be present or be represented and may have such witnesses
as he desires.

The appellant will be given sufficient advance notice of the time and place of hear-
ing to enable him to arrange to be present or represented. A stenographic record of
the proceedings will be made. This record, together with recommendations of the

Page 65 Public Welfare § 4996-2

state department representative conducting the hearing, will be presented to the
case review committee, consisting of the state director, the chief of the field service
division, and the chief of the assistance division affected. In case of disqualification
or inability of any member of the case review committee to serve, the state director
shall appoint the field supervisor from a district other than that in which the ap-
pellant resides.

The county department will be notified on the original Form DPW-117 as to the
final decision of the state department which, in accordance with section 17 of the
South Carolina public welfare act, shall "become final and effective as of such date
as the state department shall fix." At the same time, the client will be notified by
letter as to the final decision in his case.

XII. Statistics and finance. A. Reports, etc. All statistical data, financial reports,
cash relief rolls, requests for supplies, requisitions for purchases, vouchers, and all
other matters pertaining to statistics and finance shall be made and filed on forms
prescribed by the state department, in such manner as the state department may
from time to time determine.

In no case shall the employees of the county departments or of the state depart-
ment of public welfare, other than the chief of the finance division, have authority
to change any instructions pertaining to accounting forms or to alter the design of
any accounting forms.

B. County department expenses. Beginning with the fiscal year commencing July
1, 1938, all expenses incurred by county departments for rents, salaries of janitors
or maids and elecricity services shall not be paid by the department of public wel-
fare for the reason that no appropriation therefor was included in the general ap-
propriation act for the fiscal year 1938-1939.

C. General relief funds. Before any general relief funds will be matched by the
funds of the state department of public welfare, the county treasurer of the respec-
tive counties must furnish the department with a certificate that the county has ap-
propriated and made available from its own funds a sum of money to be used solely
for the care and support of persons who are not eligible for other forms of assist-
ance provided in the public welfare act, and, further, that such sum of money has
been set aside in a separate account on the books of the county treasurer which is
to be titled " County General Relief Fund."

It is permissible to charge to the above mentioned account, only warrants drawn
for the purpose of paying claims for assistance to persons approved for this type of
aid by the county director of the county department of public welfare, included on
assistance rolls prepared and approved by the finance division of the state depart-
ment of public welfare. Amounts expended for pauper burials, salaries, bank service
charges, or any other expenses of the county are not chargeable to this account and
cannot be paid from general relief funds.

In paying awards for this type of assistance, either of two methods is acceptable
to the state department. (1) The usual county warrants for each individual award
may be prepared and used in effecting such payments, or (2) one warrant may be
drawn for the total amount of the monthly assistance roll as prepared and approved
by the finance division of the state department of public welfare. If the last men-
tioned procedure is adopted, the warrant for the total of the assistance roll must be
deposited in a local bank and individual checks drawn for the several awards in-
cluded on the roll. Such checks, however, must in every instance, be counter-signed
by the county treasurer or other finance officer of the county before they are de-
livered to the clients. In no case is it permissible for a county director of the county
department of public welfare to release assistance checks for general relief pay-
ments which do not bear this counter-signature.

When funds are available by a county for this class of assistance, such funds can-
not legally be ear-marked for disbursement to any particular group of persons or to
any particular area, other than the entire county involved.

Individual payments are to be paid monthly and cannot exceed $30.00 per month

III.-S.C.-3

§ 4996-2 Civil Code Page 66

to any individual, of which not more than $10.00 in any one month may be paid
from State funds.

General relief funds held by county treasurers will be audited by representatives
of the state department of public welfare at such times as the department may deem
advisable.

XIII. Employment policy and procedure. A. Method of selection and appointment.
1. State staff, a. The director is selected by the state board of public welfare as
provided in South Carolina public welfare act, part 1, section 4. He "shall hold office
until his successor has been elected and qualified; the said director shall execute the
decisions and carry out the policies of the said board and see that the laws relating
to the activities and responsibilities of the said board are obeyed; he shall receive
such salary as the board shall fix (not exceeding thirty-six hundred dollars ($3600.00)
unless the General Assembly shall fix his compensation in the annual appropriation
act or otherwise."

b. Division heads. All appointments of heads of divisions - public assistance; the
blind; child welfare; field service; research and statistics; finance - will be made by
the director, "With the approval of the board . . . and the board shall fix their com-
pensation unless the General Assembly shall do so, but in no event shall the said
board expend any sums for purposes unauthorized by law. All such compensation
shall be fixed by the said state department which shall submit to the state budget
commission all proposed salaries not fixed by law, and it shall be the duty of the
budget commission to pass upon the said salaries so that amounts paid shall be in
keeping with the salaries paid to other state employees for a similar service and
duties."

c. Field supervisors will be appointed by the director with the approval of the
state board.

"The state director is also authorized to appoint and employ, with the approval of
the board, such other officers and employees as are authorized by this or other acts
as may be necessary to perform the duties placed upon the said department by law."

d. Division assistants. Such additional workers as are needed in the various divi-
sions will be selected by the division heads, with the approval of the director and
state board.

2. County staff, a. The director. The law provides as follows: "There is hereby
created in each county of the state a board of public welfare - to be composed of
three members who shall be appointed by the state board upon the recommendation
of a majority, including the Senator, of the county legislative delegation. . . ."

"Subject to the rules and regulations of the state department, each county board
shall select a director ... to discharge the duties of such office. Salaries of county
directors shall be fixed by the state department (not to exceed twelve hundrd dol-
lars ($1200.00) in any case) but county boards may increase salaries paid their direc-
tors with any funds at their disposal other than supplied them through the state
department."

b. Other staff members. "Each county board shall submit to the state department
at such times as the latter shall require its estimate of the necessary administrative
expenses and expenditures in the county which, when approved by the state de-
partment, shall be authority for the county board to engage such other agents and
employees necessary in executing the duties and activities delegated to the said
board. All such agents and employees shall measure up to the standards fixed by the
state department as to education, training, fitness, and experience in social work."

The county director shall have the privilege of naming the county staff, subject
to the approval of the county board. Salaries of county staffs, other than the direc-
tor, will be fixed by the state department.

B. Employment procedure. 1. Appointment. After application form PW 15 has
been filed and selection made, recommendation of appointment, form PW 16 should
be completed by the director of the county department or the division chief and
forwarded to the chief of the field service division or the state director. After ap-

Page 67 Public Welfare § 4996-2

proval, one copy of this form shall be returned to the county as authority for em-
ployment of the applicant. Travel authorization for the employee, form PW 13, will
also be forwarded at this time to the county. A letter of appointment shall be sent
by the state or county director, as the case may be, to the applicant. This letter
shall state the date of appointment, division of department, or in case of county, po-
sition on county staff, title, location, salary, date on which duties are to commence,
and whether or not position carries travel allowance.

2. Tenure. Term of employment of new workers shall be for six months, it being
understood by both the department and the employee that if employee's service is
satisfactory at the end of six months, employment will be continued for the period of
satisfactory service.

3. Promotion, a. County staffs. Increase of pay or change of status, form PW-17,
shall be recommended by county directors and approved by county boards and field
supervisors, but no action shall be taken until recommendations have been ap-
proved by the state department.

b. State staff. Promotion of state staff shall be recommended by division heads
and approved by the state director on form PW-17.

4. Resignation shall be in writing and shall give one months' notice unless there
is an emergency situation. The reason or reasons for resigning should be stated.
Form PW-17 should be sent to the state office.

5. The state and county directors may request the resignation of staff members for
cause which shall be stated. The following may be considered causes for removal:

a. That the employee is incompetent or inefficient in the performance of his duty.

b. That the employee has been wantonly careless or negligent in the perform-
ance of his duty or has been brutal in his treatment of public charges, fellow em-
ployees, or other persons.

c. That the employee has some permanent or chronic physical or mental ailment
or defect that incapacitates him for the proper performance of his duties.

d. That the employee has violated any lawful official regulation or order or failed
to obey any lawful and reasonable direction given by his superior officer when such
violation or failure to obey amounts to insubordination or serious breach of dis-
cipline which may reasonably be expected to result in a lower morale in the organi-
zation or to result in loss or injury to the State or the public.

e. That the employee has been wantonly offiensive in his conduct toward fellow
employees, wards of the State, or the public.

f. That the employee has taken for personal use a fee, gift, or other valuable
thing in the course of his work or in connection with it when such fee, or gift, or
other valuable thing is given him by any person in the hope or expectation of re-
ceiving a favor or better treatment than that accorded other persons.

g. That the employee is engaged in a private business or in a trade or occupation
when the duties of his position as prescribed by the law or regulation require his
entire time for their performance.

h. That the employee has failed to pay or make reasonable provision for the fu-
ture payment of just debts when annoyance is caused a superior officer or scandal is
caused to the service by such failure.

i. That the employee has used, or has attempted to use, his position for the politi-
cal advancement of himself or any other person.

The employee shall be given one month's notice. Upon recommendation of county
director, or division head in the case of a State employee, accrued vacation may be
granted. In rare instances, if the good of the department, either State or county, de-
mands it, the immediate resignation of an employee may be requested, in which
case one-half months' salary shall be allowed.

6. Appeals from request for resignation. The appeal shall be made in writing and
shall cover reasons for disagreement with causes stated in letter requesting resigna-
tion, and shall be accompanied by supporting evidence. It shall not be simply a state-
ment of rebuttal.

§ 4996-2 Civil Code Page 68

a. County departments. If the requested resignation is that of a county department
worker, the appeal shall be made first to the county board. The county director shall
be present at the appeal hearing and shall participate in the decision.

The worker affected may appeal further to the state department which shall grant
a hearing, if the facts presented warrant this action. Present at such a hearing shall
be the state director, the division heads, the field supervisor and the county director.

Should the requested resignation be that of a county director, the chairman of the
county board shall be present at the state department hearing. If the state depart-
ment upholds the decision of the county department, the matter shall be considered
finally settled.

If the state department reverses the decision of the county department, the county
director shall see that the state department's decision becomes effective immediately
worker, the appeal shall be heard by the state director and the division heads. If the
request for resignation is upheld the employee may appeal to the state board. If the
state board upholds the decision, the matter shall be considered finally settled.

b. State department. If the requested resignation is that of a state department
without loss or prejudice to the employee being reinstated. The same applies to the
county board in the case of a county director.

If the state board reverses the decision the state director shall immediately carry
out the decision of the state board, without loss or prejudice to the employee.
C. Vacation, sick leave, and leave without pay.

1. Vacation. Vacation leave with pay shall be granted to all regular employees at
the rate of 1% working days for each calendar month of service. Actual working
days or parts thereof shall be the basis for computing vacation. Such leave will not
be granted to employees while serving a probation period of six months.

Regular employees who have completed the probation period will be entitled to
leave accrued during such period at the rate provided above.

Temporary employees in the county departments after six months' service may
be granted vacation leave earned during such service, upon the recommendation of
the field supervisor and the approval of the state department. Temporary employees
in the state department, similarly situated, may be granted vacation leave upon the
recommendation of the appropriate division chief and the approval of the state
director.

Vacation leave with pay may be accumulated not to exceed twenty-six working
days and shall not be granted before earned.

Determination of time at which vacation leave shall be taken by employees in
the county department shall be the responsibility of the county director and field
supervisor, and in the state department the responsibility of the appropriate division
chief and the state director. Vacations shall be arranged so as to avoid as far as pos-
sible interruption of the work of the department.

2. Sick leave. Sick leave means absence because of illness or exposure to con-
tagious disease and shall be granted at the rate of IVi working days for each cal-
endar month of service. Actual working days or parts thereof shall be the basis for
computing sick leave. Such leave may be cumulative not to exceed twenty-six work-
ing days, not more than five days to be granted in advance of accrual. Temporary
employees shall be granted sick leave under the conditions above set out for vaca-
tion leave.

The director, State or county, may at any time demand of an employee requesting
pay for sick leave a certificate of attending physician. Such certificate shall be re-
quired for sick leave in excess of five consecutive days.

3. Leave of absence without pay. Leave of absence without pay may be granted
to any employee for a period not to exceed thirty days in case of sickness or physical
disability of the employee or a member of his family.

Leave of absence without pay for a definite period of more than thirty days but
not to exceed one year may be granted employees at the discretion of the state di-
rector. In the case of county departments, such leave granted should be upon the

Page 69 Public Welfare § 4996-2

recommendation of the field supervisor.

All extended leaves of absence without pay should be in writing.

Failure on the part of the employee to return promptly at the expiration of a
leave of absence, without satisfactory explanation, shall be considered just cause
for dismissal.

XIV. Standards of personnel qualifications. A. General. 1. Knowledge of and ad-
herence to those ethical standards of social work which are the bedrock of success-
ful administration.

2. An established reputation for such mental and social attitudes, habits of con-
duct, and integrity of character necessary for the exacting responsibilities of the po-
sition and for meriting public confidence.

3. No person employed by the state department or any county department shall
use his position for the political advancement of himself or any other person. Such
activity on the part of any employee shall be considered sufficient cause for his or
her discharge.

B. State department. 1. Relationship of employees. No relative within the fourth
degree, affinity or consanguinity, of any member of the South Carolina board of
public welfare, the state director, or any division head of the state department, shall
be eligible for employment by or in the state department.

2. State director, a. College graduate; b. Demonstrated ability for outstanding ad-
ministrative procedure; c. Executive ability; d. Ability to inspire and retain the con-
fidence of the staff under him, both state and county; e. Such experience as brings
with it maturity of judgment, personal dignity, and the ability to use constantly,
courtesy, tolerance and tact with all persons. This further implies an ability to
analyze difficult situations and to offer sound suggestions. Knowledge, courage and
firmness will be needed to administer the social security act.

3. Field supervisor. College graduate. At least one year's training in a profes-
sional school of social work or allied fields. At least five years' experience as an
executive in a social agency, private or public welfare; at least one year as an execu-
tive in a public welfare agency. Those intangible personal qualities that make for
successful contacts with both staff and public.

4. Division executives. Same as field supervisor plus experience in special field
(old age, blind, child welfare).

5. Field staff. College graduate. At least one year's training in an approved school
of social work or six months in a school of social work plus extensive supervisory
experience in public welfare work, with demonstrated ability. Proven ability in com-
munity organization and interpretation of the program to the general public.

C. County departments. 1. Relationship of employees. No relative within the
fourth degree, affinity or consanguinity, of any member of the county board of pub-
lic welfare, the legislative delegation, or of any county officer, shall be eligible for
employment by the state or county welfare board within the county in which the
relationship exists. (The term "county officer" as used above shall be construed to
mean elected officers only and shall not include any county officer not elected by
the people.)

2. County director, a. Graduation from an accredited college, or the equivalent in
general cultural background, and experience in fields allied to social work, such as
teaching, public health work, group work, etc.

b. A minimum of two years' experience in a case work agency, or public welfare
agency, embracing supervisory experience. Demonstrated administrative ability and
capacity for growth on the job. Familiarity with the duties of an administrative
position.

c. A minimum of 15 semester hours with satisfactory grades in a professional
school of social work; an awareness of trends in public welfare development; an in-
terest in further professional study.

d. In lieu of 6 semester hours at a school of social work, additional experience in
an agency recognized by the state board of welfare, plus exceptional executive abil-

§ 4996-2 Civil Code Page 70

ity, may be accepted.

3. Visitors and case workers, a. Graduation from an accredited college or its
equivalent, as cited for county directors.

b. A minimum of one year's experience in a recognized social agency with dem-
onstrated ability to accept supervision, and capacity for growth. Familiarity with
the duties of a visitor or case worker.

c. A minimum of 6 semester hours with satisfactory grades in a school of social
work. Additional experience in an agency, under competent supervision may be ac-
cepted in lieu of 6 semester hours.

d. Ability to drive an automobile should be required.

D. Accounting, statistical and clerical. 1. Auditors, accountants, and statisticians.
a. Graduation from a standard four-year high school or completion of a compatible
course of education in other institutions of accredited standing; and five years of
full-time paid employment in the respective field - auditing, accounting, statistics;
or

b. Four years of college or university training in the respective field and allied
subjects; or

c. Any equivalent combination of (a) and (b).

2. Bookkeepers, a. Completion of a standard residence course in bookkeeping and
graduation from a standard four-year high school or its equivalent; or

b. Completion of equivalent correspondence course in bookkeeping or account-
ancy; and 1 year of full time paid employment in a position as bookkeeper.

3. Junior clerk, a. Graduation from a standard four-year high school or the equiva-
lent in education and special experience in work definitely providing familiarity
-with duplicating machines, filing systems, and modern office practice.

b. (Special abilities). Familiarity with Monroe and Marchant calculating ma-
chines, comptometer, addressograph and posting machines.

4. Stenographer, typist, typist clerk, a. Performance, under supervision, of the
.necessary clerical and stenographic work.

'b. Graduation from a standard four year high school or completion of a compar-
able course of education in other institutions of accredited high school standing, and
one year of the required experience, (as defined below); or

In lieu of formal education record, two years of the required experience, (as de-
fined below).

c. Required experience (optional with board). 1. Stenographer. Full time paid
employment within the last five years in stenographic work definitely demonstrat-
ing the abilities required for the position.

2. Typist. Full time paid employment within the last five years in work involving
typing and definitely demonstrating the abilities required for the position.

3. Clerk. Full time paid employment within the last five years in clerical work
definitely demonstrating the abilities required for the position.

d. Other requirements. 1. Minimum age - 18 years. (Optional with board)
2. Knowledge of:

Modern office practice and procedure including approved methods of filing, usual
office equipment, business English and correspondence and simple record keeping.

e. Special abilities. 1. Stenographer*. Ability to take ordinary prose dictation at
a speed of 96 words a minute and to transcribe the notes neatly and accurately on
a typewriter in a reasonable length of time.

Ability to understand and follow instructions.

Ability to copy on a typewriter, from printed or typewritten material at a speed
of 50 words a minute.

Accuracy in compilation and computation.

*If there should be positions classified as senior stenographer or secretary, they
should not only meet the requirements listed under stenographer but should have
a speed of 120 words per minute in dictation and 60 words net on the typewriter.

Page 71 Public Welfare § 4996-2

Ability to set up rough draft material in typewritten form.

2. Typist. Ability to copy on a typewriter, from printed or typewritten material,
at a speed of 50 words a minute net.

Ability to set up and copy tabulation neatly and accurately on a typewriter.

Ability to understand and follow instructions.

Ability to set up rough draft material in typewritten form.

3. Clerk. Ability to understand and follow instructions.
Accuracy in compilation and computation.

XV. Miscellaneous. A. All employees of the state department and of the several
county departments shall give full time service to their respective positions.

B. The state department shall furnish equipment for only one office in a county,
which office shall be located in the county seat.

C. Until further action of the state board, the personnel qualifications for em-
ployees of county departments shall not be construed so as to require any county
board to go outside of its county to employ the necessary personnel.

D. Only such persons as are employed by the state department, or by the various
county boards with the approval of the state department, shall engage in the work
of the departments; provided that this shall not apply to employees furnished to the
department by the Works Progress Administration.

Merit System Rule Adopted by South Carolina Department of Public Welfare

(Filed secretaiy state's office, December 17, 1940.)

Page Page

Article I - Definitions 71 Article XIII - Appeals 85

Article II - Organization for Merit Systems 73 Article XIV - Attendance and Leave 86

Article III - Classification Plans 74 Article XV - Service Ratings 86

Article V - Applications and Examinations 75 Article XVI - Politics and Religion 86

Article VI - Registers 78 Article XVII - Other Emplovment 86

Article VII - Certification of Eligibles 79 Article XVIII - Payroll Certification 8T

Article VIII - Appointments 80 Article XIX - Records and Reports 87

Article IX - Probationary Period 82 Article XX - Cooperation and Other Merit-Svs-

Article X - Promotions 83 tem Agencies 87

Article XI - Transfers and Demotions 84 Article XXI - Applicability 87

Article XII - Separations, Tenure, and Reinstate- Article XII - Amendments 87

ment 84 Article XIII - Effective Date 87

ARTICLE -- DEFINITIONS

The following definitions apply throughout this rule, unless the context clearly
requires another meaning.

1. 'Agency" means the state department of public welfare and the county de-
partments of public welfare duly constituted as provided by the South Carolina
public welfare act.

2. "The State Board" means the South Carolina board of public welfare.

3. "The County Board" means the county board of public welfare.

4. "The State Department" means the state department of public welfare.

5. "The County Department" means the county department of public welfare.

6. "Council" means the merit system council of the agency as provided by Ar-
ticle II.

7. "Supervisor" means the merit system supervisor as provided by Article II.

8. "Appointing Authority" means the state director, with approval of the state
board, for employees in the state department; the county boards, for employees in
the county departments.

9. "Personnel Officer" means the employee of the state department immediately

§ 4996-2 Civil Code Page 72

responsible for the personnel administration of the agency and whose duties are
described in Article II.

10. "Position" means an office or employment in the agency (whether part-time
or full-time, temporary or permanent, occupied or vacant) composed of specific
duties.

11. "Exempt Position" means a position herein designated as a position exempted
from the application of this rule. The exempt positions in the agency are the fol-
lowing: members of the state board, members of county boards, the state director,
his confidential secretary, janitors, guides for the blind, and part-time employees
rendering any form of professional service, who are not engaged in the perform-
ance of administrative duties under the State plan, and who meet the standards of
training and experience established by the responsible State authority.

12. "Class" means a group of positions sufficiently similar as to the duties per-
formed, degree of supervision exercised or required, minimum requirements of
training, experience, or skill, and such other characteristics, that the same title, the
same tests of fitness, and the same schedule of compensation may be applied to each
position in the group.

13. "Minimum Qualifications" means the requirements of training and experience,
and other qualifications to be measured by written or written and oral examina-
tions, as prescribed for a given class in the agency's classification plans.

14. "Eligible" means any applicant for a merit examination who receives a final
passing rating.

15. "Register" means an officially promulgated list of eligibles for a class of posi-
tion in the order of their final ratings in a merit examination as described in Ar-
ticle VI.

16. "Employee" means any person in the employ of the agency who is paid a
salary or wage.

17. "Original Appointment" means the first appointment of an individual to the
agency through selection from a register in accordance with Article VIII, Section 1.

18. "Probationary Period" means the first six months of employment beginning
with the date of original appointment to a permanent position as described in Ar-
ticle IX.

19. "Permanent Employee" means an employee whose permanent retention has
been approved at the completion of a probationary period.

20. "Provisional Appointment" means an appointment for not more than six
months to fill a position pending the establishment of a register for such posision as
described in Article VIII.

21. "Temporary Appointment" means an appointment from a register for a pe-
riod not to exceed six months as described in Article VIII.

22. "Emergency Appointment" means an appointment required by a state of
emergency for not more than 30 days as described in Article VIII.

23. "Promotion" means a change in status of an employee, from a position in one
class to a position in another class having a higher entrance salary as described in
Article X.

24. "Salary Advancement" means an increase in salary within the salary range
prescribed for the class by the agency's compensation plans.

25. "Demotion" means a change in status of an employee, from a position in one
class to a position in another class having a lower entrance salary as described in
Article XI.

26. "Transfer" means a change from one position to another in the same class or
in another class having the same entrance salary as described in Article XI.

27. "Piesignation" means the termination of employment of an employee made at
the request of the employee.

28. "Dismissal" means the termination of employment of an employee for cause.

29. "Suspension" means an enforced leave of absence for disciplinary purposes or
pending investigation of charges made against an employee.

Page 73 Public Welfare § 4996-2

ARTICLE II -- ORGANIZATION FOR MERIT SYSTEM
Section 1 -- Merit system council.

Paragraph 1. A merit system council shall be appointed by the state director, with
the approval of the state board, within 30 days from the effective date of this rule.
The council shall be composed of three members, who shall be public spirited per-
sons of recognized standing and of known interest in the improvement of public
administration and in the impartial selection of efficient government personnel. No
member shall have held political office or have been an officer in a political organi-
zation during the year preceding his appointment nor shall he hold such office dur-
ing his term. No member of the council shall have been an employee of the agency
or a member of the state board or member of the county board within one year prior
to his appointment.

Paragraph 2. It shall be the duty of the council within the scope of this rule:

a. to establish general policies for the administration of merit examinations and
the hearing of personnel appeals as provided in Article XIII;

b. to hear such appeals or to establish impartial bodies to hear such appeals on
its behalf;

c. to select and recommend for appointment by the state director, with the ap-
proval of the state board, a full-time or part-time merit system supervisor, to ad-
vise with him in formulating procedure for the conduct of merit examinations, and
to inspect and review his activities for the purpose of assurirng conformity with this
rule and the policies of the council;

d. to review the classification and compensation plans and to advise with the state
department on their adoption and subsequent revisions;

e. to make recommendations to the state department relative to their internal
personnel practices to assure conformity with this rule;

f. to approve a budget for submission to the state board, for its approval, cover-
ing all costs of merit-system activities as provided by this rule;

g. To promote public understanding of the purposes, policies, and practices of the
merit system. As a means thereto, the council shall examine into and make a writ-
ten report to the state department at least semiannually on the operation of the
merit system, including the conduct of examinations, the establishment of regis-
ters, certifications from registers, promotions, salary advancements, dismissals, de-
motions, transfers and separations, and the maintenance of the classification and
compensation plans. A copy of this report shall be filed with the state director and
shall be open to public inspection.

h. to review and make written recommendations to the state director with re-
spect to any amendments to this rule.

Paragraph 3. Members of the council shall serve for a term of three years or un-
til successors have been appointed, except that in the first instance one member shall
be appointed for one year; one member for two years; and one member for three
years. A member appointed to fill a vacancy occurring prior to the expiration of the
term shall be appointed for the remainder of such term.

Paragraph 4. The council shall elect a chairman from its membership. It shall also
designate the merit system supervisor or one of his staff as its recording secretary,
whose duty it shall be to keep a record of the proceedings of meetings. Meetings of
the council shall be held as often as necessary and practicable upon call of the
chairman or of the agencies. The state department shall have the right to be repre-
sented at all meetings of the council, but such representation shall be without vot-
ing power. The council shall adopt procedures for the conduct of its activities.

Paragraph 5. Members of the council shall receive no salary, but may be com-
pensated for expenses incurred, including traveling expense as approved in budget
provided in Article II, Paragraph 2, Section f.
Section 2 -- Merit system supervisor.

Paragraph 1. The merit system supervisor shall be a person who has had training
and experience in a field related to merit-system administration and who has known
sympathies with the merit principle in government service. He shall possess such

§ 4996-2 Civil Code Page 74

other qualifications as are requisite for the performance of duties hereinafter de-
fined. Within one year prior to his appointment, the supervisor shall not have served
as an employee of the agency or as a member of the state board or a member of a
county board; nor within three years prior to his appointment shall he have held,
nor during his term of office shall he hold, political office or office in any political
organization.

Paragraph 2. In conformity with this rule, the supervisor shall develop and put
into continuous effect policies and procedures for the administration of the merit
system as they relate to the preparation, administration, and scoring of examina-
tions; the preparation, custody and maintenance of registers of eligibles; the deter-
mination of availability of eligibles for appointment; the certification for appoint-
ments, the determination of the adequancy of existing registers; and such other
duties as may be prescribed herein or by the council.

Paragraph 3. The supervisor, with the approval of the council, shall establish an
office separate and distinct from the offices occupied by the agency; select a staff of
assistants, no member of which shall have been an employee of the agency during
the six months preceding his appointment; and prepare and submit, with the ap-
proval of the council, budget requests to the agency for approval covering all costs
of merit-system activities. In selecting personnel, the supervisor shall, insofar as
practicable, make appointments in conformity with this rule.
Section 3 -- Personnel officer.

The state director, with the approval of the state board, shall designate a staff
employee to serve as personnel officer. He shall be responsible to the state director
for the internal personnel administration of the agency. It shall be his responsibility
to develop and put into effect procedures for carrying out the personnel policies of
the agency; to participate in the preparation of and to administer the classification
and compensation plans; to maintain personnel records of all persons employed in
the agency and records of all personnel actions; to request certifications of eligibles
by the supervisor; to report to the supervisor on the selection of eligibles, promo-
tions, salary advancements, demotions, transfers, dismissals, resignations, and all
types of appointments; to recommend to the appointing authorities, on the basis of
reports received from the supervisory official concerned, the retention or termina-
tion of probationary appointees at the close of the probationary period; to provide
and administer a system of service ratings; to make a report to the state director
at least semiannually on the personnel activities of the agency, a copy of which
shall be filed with the council; to notify the supervisor, as promptly as practicable,
regarding vacancies which may occur in the agency; and to perform such other
duties as are prescribed by this rule or the agency.

ARTICLE III -- CLASSIFICATION PLANS
Section 1 -- Preparation of plans.

Paragraph 1. The state department shall formally adopt and make effective a com-
prehensive classification plan for all positions. The plan shall be based on investi-
gation and analysis of the duties and responsibilities of each position and each po-
sition shall be allocated to its proper class in the classification plan. The plan shall
be developed after consultation with supervisory officials, classification specialists,
and persons technically familiar with the character of the work. When complete,
the classification plan shall include for each class of position an appropriate title, a
description of the duties and responsibilities, and the minimum requirements of
training, experience, and other qualifications.
Section 2 -- Adoption of plans.

The proposed classification plan, and any changes therein, shall be submitted to
the council for review and recommendation. The plan shall then be submitted to the
state board for consideration, approval, and formal adoption. Thereafter, class titles
so established shall be used in all personnel and financial records of the agency, as
well as in all examination procedures.
Section 3 -- Allocation of positions.

Page 75 Public Welfare § 4996-2

Every position in the agency shall be allocated to one of the classes established by
the classification plans. No person shall be appointed or promoted to any position
until it has been properly classified as herein provided. As additional classes are
established or existing classes are abolished or changed, such necessary allocation
or reallocation shall be made to new or existing classes as is necessitated thereby.
Section 4 -- Revision of plans.

Existing classes of positions may be abolished or changed, or new classes added,
in the same manner as the classification plans were originally adopted.
Section 5 -- Incumbents of reallocated positions.

When a position is reallocated to a different class, the incumbent shall not be
deemed eligible to continue in the position unless he would have been eligible for
original appointment, promotion, transfer, or demotion to a position of the new class
while serving in the position as previously allocated. If ineligible to continue in such
position, he may be transferred, promoted, or demoted by appropriate action in ac-
cordance with such provision of this rule as the supervisor may deem to be appli-
cable. In any case in which the incumbent is ineligible to continue in the position
and he is not transferred, promoted, or demoted, the provisions of this rule regard-
ing separations shall apply.

ARTICLE IV -- COMPENSATION PLANS
Section 1 -- Preparation of plans.

Paragraph 1. The state department shall formally adopt and make effective a com-
prehensive compensation plan for all classes of positions. The plan shall include
salary schedules for the various classes with the salary of each class consistent with
the functions outlined in the job specifications. Initial, intervening, and maximum
rates of pay for each class shall be established to provide for steps in salary ad-
vancement without change of duty in recognition of meritorious service. In arriving
at such salary schedule, prevailing rates in other departments of the State and other
relevant factors shall be taken into consideration.
Section 2 -- Adoption of plans.

The proposed compensation plans, and any changes therein, shall be submitted to
the council for review and recommendation. The plan shall then be submitted to the
state board for consideration, approval, and formal adoption. Salary ranges for
classes of positions shall be amended in the same manner as originally adopted.
Section 3 -- Administration of plans.

Paragraph 1. The approved compensation plans shall constitute the official sched-
ules of salaries for all classes of positions in the agency. No salaries shall be ap-
proved unless they conform to' the approved compensation plans and are at one of
the salary levels for the class. The entrance salary for any employee shall be the
minimum salary for the class to which he is appointed. Regulations shall provide
for necessary salary adjustment affecting employees at the time of adoption or
amendment of the compensation plans, or resulting from promotions, demotions or
transfers.

Paragraph 2. Salary advancements shall not be automatic but shall be based upon
quality and length of service and shall be controlled by regulations, providing for
fixed times for consideration of increases, for limitation of increases to a reasonable
proportion of employees, for a reasonable distribution among classes, and for the
increases that an individual employee may receive.

ARTICLE V -- APPLICATIONS AND EXAMINATIONS
Section 1 -- Character of examinations.

Paragraph 1. Entrance examinations shall be conducted on an open-competitive
basis. Examinations shall be practical in nature, shall be constructed to reveal the
capacity of the applicant for the particular position for which he is competing as
well as his general background and related knowledge and shall be rated objec-
tively. The supervisor shall obtain the services of qualified experts in the construc-
tion of examinations. A practical written test shall be included, except that where
peculiar and exceptional qualifications of a scientific or professional nature are re-

§ 4996-2 Civil Code Page 76

quired and competition through an assembled examination is impracticable, an un-
assembled examination may be held. The supervisor shall determine when compe-
tion through an assembled examination is impracticable and shall present satisfac-
tory evidence to the council for approval.

Paragraph 2. Examinations shall also include:

a. A competitive performance for the stenographic and typing positions and a
qualifying performance test for other positions involving the operation of office
machines;

b. A rating of training and experience for the more responsible positions, includ-
ing all professional, technical, supervisory, and administrative positions;

c. An oral examination for positions requiring frequent contact with the public,
or which involve important supervisory or administrative duties.

Paragraph 3. The supervisor, with the approval of the council, shall assign defi-
nite weights to each part of the examination prior to its public announcement.
Section 2 -- Noticos of examination.

The supervisor shall give public announcement of all entrance examinations at
least three weeks in advance of the closing date for receipt of applications. He shall
make every reasonable effort to attract qualified persons to compete in these exam-
inations. Notice of examinations shall be posted in important centers throughout
the State and copies shall be sent to newspapers of State-wide circulation, radio sta-
tions, educational institutions, professional and vocational societies, public officials,
and such other organizations and individuals as the supervisor may deem expe-
dient. Public announcement of examinations shall specify the title and salary range
of the class of position, information as to the rates of pay at which appointments are
expected to be made, the duties to be performed, the minimum qualifications and
statutory residence requirements, the final date on which applications will be re-
ceived, and all other conditions of competition, including the relative weights as-
signed to the various parts in the examination, the passing grades, and the fact
that failure in one part of the examination will disqualify an applicant.
Section 3 -- Residence requirements.

Prior to appointment applicants must meet the statutes' residence requirements.
". . . employees engaged under the provisions of this act shall have been residents
of this State for at least one year immediately preceding such employment or at least
three years out of the preceding five years." However, the council may waive the
residence requirements for entrance to the examination in classes of positions requir-
ing special technical and professional training and experience.
Section 4 -- Filing application.

All applications shall be made on forms prescribed by the council and must be
filed with the supervisor on or prior to the closing date specified in the announce-
ment or postmarked before midnight of that - date. Such applications shall include a
statement from the applicant of all pertinent information regarding his training,
experience, and age, and, in addition, the supervisor may require a photograph of
the applicant, a certificate of his physical fitness from one or more licensed physi-
cians, and any other information which the supervisor may deem necessary. All ap-
plications shall be signed, and the truth of all statements contained therein certified
by such signature.
Section 5 -- Disqualification of applicants.

Paragraph 1. Under the supervision and direction of the council, the supervisor
may refuse to examine an applicant, or, after examination, may disqualify such ap-
plicant or remove his name from a register, or refuse to certify any eligible on a
register if:

a. he is found to lack any of the preliminary requirements established for the ex-
amination for the class of position;

b. he is so disabled as to be rendered unfit for the performance of the duties of
the class;

c. he is addicted to the use of narcotics or the habitual use of intoxicating liquors
to excess;

Page 77 Public Welfare § 4996-2

d. he has been convicted of any infamous crime or other crime involving moral
turpitude;

e. he has made a false statement of material fact in his application;

f. he has previously been dismissed from any public service for delinquency,
misconduct, or other similar cause;

g. he has used or attempted to use political pressure or bribery to secure an ad-
vantage in the examination or appointment;

h. he has directly or indirectly obtained information regarding examination to
which as an applicant he was not entitled;

i. he has failed to submit his application correctly or within the prescribed time
limits;

j. he has taken part in the compilation, administration, or correction of the ex-
amination;

k. he has otherwise violated provisions of this rule.

Paragraph 2. A disqualified applicant shall be promptly notified of such action,
and an applicant who is not admitted to an examination because of failure to meet
the preliminary requirements shall be notified by letter to his last-known address
sufficiently in advance of the examination for an appeal from rejection as provided
for in Article XIII, Section 1.
Section 6 -- Conduct of examination.

Paragraph 1. Written tests for same class of position shall be conducted simul-
taneously in as many places as are necessary for the convenience of the applicants
and as are practicable for proper administration. The supervisor may designate such
monitors as may be necessary to conduct examinations under instructions prescribed
by him, and may also arrange for the use of public buildings in which to conduct
the examinations. The supervisor shall provide for the compensation of monitors in
accordance with the approved budget for the purpose.

Paragraph 2. The identity of persons taking competitive assembled examinations
shall not be disclosed to the examiners. An identification number, which shall be
used to identify all papers of each applicant, shall be assigned by the supervisor to
each applicant. Any examination papers bearing the name of the applicant or iden-
tification other than an identification number shall be rejected. In cases of rejec-
tion the supervisor shall promptly notify the applicant.
Section 7 -- Rating examinations.

Paragraph 1. The supervisor shall determine a final score for each applicant's ex-
amination, computed in accordance with the weights for the several parts estab-
lished by the supervisor as set forth in the announcement. Failure in any part of an
examination shall disqualify the applicant in the entire examination and shall dis-
qualify him from participation in subsequent parts of the examination. All appli-
cants for the same position shall be accorded uniform and equal treatment in all
phases of the examination procedure.

Paragraph 2. The supervisor, with the approval of the council, shall utilize ap-
propriate scientific techniques and procedures in rating the results of examinations
and in determining the final scores of the competitors. In determining the system
for rating results on the examinations, the supervisor and the council may give due
regard to the number of candidates and to the number of vacancies which may
reasonably be expected to occur in the life of the register.
Section 8 -- Rating training and experience.

If training and experience form a part of the total examination, the supervisor,
with the approval of the council, shall determine a procedure for the evalution of
the training and experience qualifications of the various applicants. The formula
used in appraisal shall give due regard to recency and quality as well as quantity
of experience, and to the pertinency of the training. This procedure shall allow for
the substitution of training for experience, and experience for training, within the
limits stated in the class specifications.
Section 9 -- Investigations.

Before rating training and experience or prior to certification from the register.

§ 4996-2 Civil Code Page 78

the supervisor shall investigate the applicant's training and experience to verify
the statements contained in his application form and to adduce evidence regarding
his character and fitness. If this investigation produces information affecting the rat-
ing of training and experience, the supervisor shall rate or rerate the applicant's
record accordingly, and make the necessary adjustments in the register. He shall
also promptly notify the applicant of such rerating.
Section 10 -- Oral examinations.

When an oral examination forms part of a total examination for a position, the
supervisor shall, with the approval of the council, appoint one or more oral exam-
ination boards as needed. An oral examination board shall consist of three or more
members who shall be known to be interested in the improvement of public admin-
istration and in the selection of efficient government personnel, and at least one of
whom shall be technically familiar with the character of work in the position for
which the applicant will be examined. No officer or employee of the agency, nor any
person holding political office or any officer or committee member of any political
organization, nor any person actively engaged in the work of any political organiza-
tion, shall serve as a member of any such board. If practicable, all applicants quali-
fying for the oral examination for the same class shall be rated by the same oral
examination board. A member of an oral examination board shall disclose each in-
stance in which he knows the applicant personally and shall not rate such applicant.
Section 11 -- Notice of examination results.

Each applicant passing all parts of the examination shall be notified by mail by
the supervisor of his final rating as soon as the rating of the examination has been
completed and the register established. An eligible, upon request and presentation
of proper identification, shall be entitled to information concerning his relative posi-
tion on a register. An applicant who fails any part of the examination or the total
examination shall be notified of his failure.
Section 12 -- Special examinations.

No applicant shall be given a special written examination subsequent to the orig-
inal examination unless the council by formal and recorded action finds after in-
vestigation that the applicant's failure to take or complete an examination was due
to circumstances beyond his control or an obvious error for which the supervisor or
any of his assistants is responsible. The council's findings and recommendations shall
be recorded in its minutes. No claim for a special examination shall be allowed un-
less it is filed in writing with the council within 10 days after the date of the original
examination. Any special examination shall be constructed on a pattern similar to
the original examination.
Section 13 -- Physical examinations.

Before appointment applicants may be required to pass a satisfactory physical
examination.
Section 14 -- Examination records.

The supervisor shall be responsible for the maintenance of all records pertinent to
the examination program. Applications and other necessary examination records shall
be kept during the life of the register. Examination records of appointees shall be
kept permanently, but examination records of other applicants, not appointed, may
be destroyed 30 days after the register expires. All notices of changes of address
shall be filed, by applicants and eligibles, with the supervisor.

ARTICLE VI -- REGISTERS
Section 1 -- Establishment of registers.

Paragraph 1. After each examination, the supervisor shall prepare a register of
persons with passing grades. The names of such persons shall be placed on the regis-
ter in the order of their final ratings starting with the highest. If two or more eli-
gibles have final ratings which are identical their names shall be arranged on the
register in the order of their ratings on the written part of the examination. If these
ratings are identical, their names shall be arranged on the register in the order of
date on which their applications are received.

Page 79 Public Welfare § 4996-2

Paragraph 2. If a vacancy exists in a class of position for which there is no ap-
propriate register, the supervisor, with the approval of the council, may prepare an
appropriate register for the class from one or more existing related registers. For
this purpose the supervisor shall select registers for classes for which the minimum
qualifications and examinations are similar to or higher than those required for the
class in which the vacancy exists. The supervisor may, if necessary, rerate training
and experience in accordance with Article V, Section 8, on the basis of the mini-
mum qualifications required for the class in which the vacancy exists.
Section 2 -- Duration of registers.

Paragraph 1. The life of each register shall normally be two years from the date
of its establishment, but this period may be reduced or extended by the supervisor
with the approval of the council. A register may be deemed by the supervisor to be
exhausted if fewer than three available eligibles remain on the register. Upon the
exhaustion of a register, or if the supervisor, with the approval of the council, re-
duces the life of a register, he shall notify each eligible remaining on such register
to this effect by mail to his last-known address.

Paragraph 2. It shall be the duty of the personnel officer to notif; - the supervisor
as far in advance as possible of vacancies which may occur in the agency. The su-
pervisor shall be responsible for determining the adequacy of existing registers, and
for the establishment and maintenance of appropriate registers for all positions in
the agency exclusive of exempt positions.
Section 3 -- Removal of names from registers.

Paragraph 1. Under the supervision and direction of the council, the supervisor
may remove the name of an eligible from a register:

a. for any of the causes stipulated in Article V, Section 5;

b. on evidence that the eligible cannot be located by the postal authorities;

c. on receipt of a statement from the eligible declining an appointment and stating
that he no longer desires consideration for a position with the agency;

d. if three offers of a probationary appointment to the class for which the register
was established have been declined by the eligible.

Paragraph 2. The supervisor shall notify the eligible by mail to his last-known ad-
dress of this action and the reasons therefor. An eligible's name shall be reinstated
on the register upon showing of cause satisfactory to the supervisor, or in accordance
with a decision of the council upon appeal as provided in Article XIII, Section 3.

ARTICLE VII - CERTIFICATION OF ELIGIBLES
Section 1 -- Request for certification.

If a vacancy occurs in any position in the agency or if new positions are estab-
lished and new employees are needed, requisition shall be submitted, by the ap-
pointing authority through the personnel officer to the supervisor upon a prescribed
form. This requisition shall state the number of positions to be filled in each class,
identifying each class title and all other pertinent information.
Section 2 -- Certification methods.

Paragraph 1. Upon receipt of a requisition, the supervisor shall certify and submit
in writing to the personnel officer the names of available eligibles. If one position is
involved, he shall certify and submit the names of the three highest available eligi-
Dles meeting legal residence requirements from the original register established as a
result of a merit examination for that class of position. He shall also, at the same
time, certify and submit the three highest available names on the appropriate pro-
motional register, if one exists. If more than one position is involved, he shall, for
each class of positions, certify and submit from each of the above described regis-
ters a total number of names equal to five times the number of positions to be filled
in each class divided by three. Fractions shall be considered as the next whole num-
ber. If the original register established as a result of a merit examination for a spe-
cific class of position is exhausted, the supervisor shall certify and submit names in
accordance with the above procedure from the appropriate promotional register
only, until it is exhausted. If both the original register established as a result of a

§ 4996-2 Civil Code Page 80

merit examination for a specific class of position and the appropriate promotional
register are exhausted, then the supervisor, with the approval of the council, shall
certify and submit names in accordance with the above procedure from the regis-
ter, or registers, most appropriate. If there is no register, or registers, which the su-
pervisor with the approval of the council deems appropriate then the supervisor
may certify and submit names in accordance with the above procedure from a reg-
ister established as described in Article VI, Section 1, Paragraph 2.

Paragraph 2. If an eligible receives a probationary or permanent appointment,
such appointment shall constitute, for its duration, a waiver of his right to certifi-
cation from any other register on which his name appears for a class of position the
salary of which is either equal to or lower than that salary covered by his appoint-
ment, unless at the time of such appointment he requests in writing that his name
be retained for certification from such register or registers.

Paragraph 3. The name of each employee whose name appears on a register for

range
a class of position with a higher salary ' than the salary range of his present
class of position shall be certified and submitted by the supervisor, and given consid-
eration by the agency for the higher class of position if his name is reached.

Paragraph 4. If, in the exercise of his choice provided under Section 1 of Article
VIII, the appointing authority passes over the name of an eligible on a register in
connection with three separate appointments he has made from the register, written
request may be made of the supervisor that the name of such eligible be omitted
from any subsequent certification to the same appointing authority from the same
register. The name of such eligible shall thereafter not be certified to him from that
register for future vacancies in that class of position.

Paragraph 5. An eligible may be considered not available by the supervisor if he
fails to reply to a written inquiry after five days in addition to the time required for
the transmission of the inquiry to his last-known address and reply thereto.
Section 3 -- County department certification.

Eligibles for positions in county departments shall be certified in the same manner
as for the state department, except that in filling a position in a county department,
the appointing authority, through the personnel officer, may request the certification
of eligibles who are residents of that county. Upon receipt of such a requisition, the
supervisor shall certify and submit the names of eligibles as provided in Section 2
of this article, except that the supervisor shall certify and submit the names of the
highest available eligibles who are residents of the county in which the vacancy
exists, in accordance with the following procedure:

a. if in certifying and submitting the names of such eligibles for a vacancy in a
county department, the supervisor finds there are fewer than three such eligibles who
are residents of that county, he shall certify and submit the names of the one or two
such eligibles who are residents;

b. if no appointment is made from these eligibles, or if there is no local eligible,
then certification to the vacancy in the county department shall be made from a list
of the eligibles in the administrative area in which the county is located.

c. if there are then insufficient eligibles, certification shall be made on a State-
wide basis.

ARTICLE VIII - APPOINTMENTS
Section 1 -- Original appointments.

Paragraph 1. All appointments to positions in the agency exclusive of exempt po-
sitions shall be made in accordance with this rule. Selection shall be made for each
position from the three highest available names on the certificate, submitted by
the supervisor in accordance with Article VII, exclusive of the names of those per-
sons who failed to answer or who declined appointment or of those names to whom
the appointing authority offers an objection in writing based on Article V, Section 5,
which objection is sustained by the supervisor with the approval of the council.

Paragraph 2. In selecting persons from among those certified, the appointing au-
thority shall be permitted to examine their applications and reports of investigations

Page 81 Public Welfare § 4996-2

and to interview them. Final selection shall be reported in writing by the personnel
officer to the supervisor.

Paragraph 3. If the eligible selected declines the appointment, evidence of declina-
tion and other such data shall be transmitted to the supervisor for permanent record.
An eligible may be considered by the supervisor as having declined appointment if
he fails to reply after five days in addition to time allowed for transmission of letter
or telegram and return of reply. If an eligible accepts an appointment and fails to
present himself for duty at the time and place specified, without giving reasons for
the delay satisfactory to the appointing authority and the supervisor, he shall be
deemed to have declined appointment.
Section 2 -- Employees appointed prior to date of adoption of this rule.

Paragraph 1. An employee previously appointed through appropriate examination-
under a merit system with standards substantially comparable to these, who re-
ceived permanent appointment under such system shall be given merit-system status
in his present position without further examination.

Paragraph 2. An employee who was on the payroll as of January 1, 1940, and is
certified by the state department as having given satisfactory service continuously
since that date, may be admitted to the examination for the position held by him on
January 1, without regard to minimum qualifications of training and experience, ex-
cept that for professional employees of the child welfare services division the date
applicable shall be November 1, 1939. Upon certification of the supervisor that he
has attained a passing grade in the examination held in accordance with the provi-
sions of Article V, he may be appointed as a probationary employee.

Paragrah 3. An employee, certified as having given satisfactory service in accord-
ance with paragraph 2 of this section, who has been transferred or promoted to a po-
sition subsequent to January 1, 1940 (November 1, 1939, as to professional employees
of the child welfare services division), but prior to the examination for the position
currently held, shall be required to meet the minimum qualifications of training and
experience ir. order to be admitted to the examination for that position. Such an
employee, on certification of the supervisor that he has attained a passing grade in
the examnation for that position, may be retained as a probationary employee. An
employee, transferred or promoted as described above, who fails in the examina-
tion for the position currently held by him, on certification of the supervisor that
he has obtained a passing grade in the examination for the position held by him on
January 1, 1940, (November 1, 1939, as to professional employees of the child wel-
fare services division), may be retained in that position provided there is a vacancy
in the class.

Paragraph 4. An employee who does not obtain a passing grade in the examina-
tion for either of the positions referred to in paragraphs 2 and 3 of this section shall
be dismissed from his position within 30 days after the establishment of a list of
eligibles for such position or positions.
Section 3 -- Provisional appointments.

If, in the opinion of the appointing authority, there are urgent reasons for filling a
position and there are no eligibles on a register established as a result of an exam-
ination for the position, and no appropriate promotional register or other appro-
priate register exists, the appointing authority may submit to the personnel officer
the name of a person to fill the position pending examination and establishment of a
register. If such person's qualifications have been certified by the supervisor as
meeting the minimum qualifications as to training and experience for the position,
such person may be provisionally appointed to fill the existing vacancy until an ap-
propriate register is established and appointment made therefrom. No provisional
appointment shall be made until the position has been classified and minimum quali-
fications established therefor in accordance with this rule. No provisional appoint-
ment shall be continued for more than 30 days after an appropriate register has been
established for the class of position and in no event for more than six months from
the date of appointment. Successive provisional appointments of the same person

§ 4996-2 Civil Code Page 82

shall not be permitted and a position shall not be filled by repeated provisional ap-
pointments. The period of provisional appointment shall not constitute a part of the
probationary period. Employees not covered by section 2 of this article and all ap-
pointments made subsequent to the adoption of this rule but prior to the holding of
examinations shall be regarded as provisional appointments.
Section 4 -- Emergency appointments.

Whenever an emergency exists which requires the immediate services of one or
more persons and it is not possible to secure such persons from appropriate regis-
ters, the appointing authority may appoint a person or persons without regard to
other provisions of this rule governing appointments. In no case, however, shall the
same person be appointed for more than 30 working days during any 12-month pe-
riod. Each emergency appointment shall, when the appointment is made, be re-
ported in writing by the personnel officer to the supervisor.
Section 5 -- Temporary appointments.

If an employee is needed for a temporary period, a certification shall be made by
the supervisor of the names of these eligibles, in the order of their places on an ap-
propriate register, who have indicated willingness to accept temporary employment.
Certification shall be made in the manner set forth in Article VII. Appointments
shall be made in the same manner as prescribed in this rule for probationary ap-
pointments. The duration of a temporary appointment shall be limited to the period
of the need and in no event shall a temporary appointment continue for more than
six months in any 12-month period. The acceptance or refusal of a temporary ap-
pointment shall not affect an eligible's standing on a register or his eligibility for a
probationary appointment, and the period of temporary service shall not constitute
a part of a probationary period. Successive temporary appointments to the same
position shall not be made nor shall an employee receive continued temporary ap-
pointments.

ARTICLE IX - PROBATIONARY PERIOD
Section 1 -- Nature, purpose, and duration.

All original appointments to permanent positions shall be made from officially
promulgated registers for a probationary period of six months. The probationary pe-
riod shall be an essential part of the examination process, and shall be utilized for
the most effective adjustment of a new employee and for the elimination of any pro-
bationary employee whose performance does not meet the required standard of
work. No more than three employees shall be removed successively from the same po-
sition during the probationary period without the approval of the supervisor.
Section 2 -- Conditions preliminary to permanent appointment.

Permanent appointment of probationary employee shall begin with the date end-
ing the probationary period, provided that the personnel officer has received from
the employee's supervisor a statement in writing that the services of the employee
during the probationary period have been satisfactory and that the employee is rec-
ommended to be continued in the service. The statement shall contain an appraisal
of the value of the employee's services and shall include a service rating upon a
form prescribed by the personnel officer. It shall be the responsibility of the per-
sonnel officer to obtain such statement with recommendations four weeks prior to
the end of the probationary period. The personnel officer, on the basis of such state-
ment and recommendation, shall make recommendation to the appointing author-
ity, and if it is determined that the services of the employee have been unsatisfac-
tory, the personnel officer shall notify the employee in writing at least 15 days in
advance of the date his services are to be terminated. An employee whose appoint-
ment is to be made permanent shall also be notified. The personnel officer shall no-
tify the merit system supervisor of the action taken regarding the services of the
employee.
Section 3 -- Salary advancement during probation.

No probationary employee shall receive a salary advancement, except as pro-
vided in section 4 of this article.

Page 83 Public Welfare § 4996-2

Section 4 -- Promotions during probation.

The serving of a probationary period shall not, of itself, prevent an employee from
being promoted to a position in a higher class, provided he is certified from an ap-
propriate register for such higher class of position in accordance with the provi-
sions of Article VII. If, within the above-mentioned limitations, an employee is pro-
moted in this way during a probationary period, the probationary period for the
class of position to which he is promoted shall begin with the date of appointment
to such latter class of position.
Section S -- Transfer during probation.

Paragraph 1. Except as otherwise provided in section 4 of this article, an employee
shall not be transferred during his probationary period to a position of another class
for which a register exists.

Paragraph 2. No employee, certified to a vacancy in a county department on a
strictly local-area basis in accordance with the provisions of section 3 of Article
VII, shall be transferred from that county department until the probationary period
has been completed.
Section 6 -- Dismissal during probation.

Paragraph 1. At any time during a probationary period an employee may be sep-
arated from the service without right of appeal or hearing, but the reasons given for
the dismissal shall be submitted in writing to the personnel officer, and a copy shall
be filed with the supervisor for permanent record. Unless an appointment is made
permanent by the appointing authority at the close of the probationary period in ac-
cordance with the provisions of section 2 of this article, the services of the employee
shall be automatically terminated, and no further salary or other compensation
shall be payable to him.

Paragraph 2. The supervisor, with the approval of the council and after consulta-
tion with the appointing authority, may restore to the register from which he was
certified the name of a probationary appointee whose services have been terminated,
in accordance with the procedure described in section 8, Article XII. but the super-
visor shall not in the future, except upon request of the appointing authority, certify
the name of such person to the same appointing authority from the same register.

ARTICLE X -- PROMOTIONS
Section 1 -- Method of making promotions.

Paragraph 1. As far as is practicable, and feasible, a vacancy shall be filled by
promotion of a qualified permanent employee based upon individual performance,
as evidenced by recorded service ratings, with due consideration for length of serv-
ice, and upon capacity for the new position.

Paragraph 2. A candidate for promotion must be certified by the supervisor to
possess the qualifications for the position as set forth in the specifications for the
class of position for which he is a candidate, and he shall be required by the super-
visor to qualify for the new position by promotional competitive or non-competitive
examination administered by the supervisor.
Section 2 -- Promotion by competitive examination.

Paragraph 1. If it is determined by the state director to fill vacancies in a particu-
lar class of position by promotional competitive examination, such examination shall
be given under the direction of the supervisor. An employee to be eligible to com-
pete for promotion must have permanent status and must meet the minimum quali-
fications as to training and experience for the class of position. A promotional com-
petitive examination shall consist of any combination of the following: written tests,
ratings on training and experience, evaluation of recorded service ratings and sen-
iority, performance tests, and oral examinations. The combination in each case and
procedures for the determination of the passing grade shall be announced by the
supervisor in advance of the examination, and shall take into consideration ap-
proved practices.

Paragraph 2. All employees who receive a passing grade shall be placed on a pro-
motional register for the class of position in order of their examination ratings.

§ 4996-2 Civil Code Page 84

Paragraph 3. If a promotional and an original register exist, the same number of
names shall be certified from each register in accordance with Article VII. The ap-
pointing authority may make his selection from the names submitted from either
register, giving such preference to present employees as the good of the service will
permit.
Section 3 -- Promotion by noncompetitive examination.

If it is determined by the state director to fill a vacancy by a non-competitive ex-
amination, an employee proposed for promotion shall be examined by the supervisor
in accordance with section 2, paragraph 1, of this article, and if found to qualify for
the class shall be so certified by him.

ARTICLE XI - TRANSFERS AND DEMOTIONS
Section 1 -- Transfers.

Paragraph 1. Except as otherwise provided in Article IX, a transfer of an em-
ployee from a position in one organizational subdivision of the agency to a position
of the same class in another organizational subdivision of the agency may be made
at any time by the appointing authority concerned.

Paragraph 2. A transfer of a permanent employee from a position in one class to
a position in another class having the same entrance salary shall be made only upon
certification of the supervisor with the approval of the appointing authority con-
cerned. The supervisor shall require that the employee have the minimum qualifi-
cations as to training and experience for the position in the new class. The super-
visor may also require a qualifying examination.

Paragraph 3. A transfer from a lower to a higher class of position is a promotion
and shall be made only in the manner prescribed in Article X.
Section 2 -- Demotions.

A permanent employee may be demoted for inefficiency, or for other cause, but
in all such cases the employee shall have the same rights of appeal to the council
as employees who have been dismissed.

ARTICLE XII - SEPARATION, TENURE, AND REINSTATEMENT
Section I -- Resignations.

An employee who resigns shall present the reasons therefor in writing to the ap-
pointing authority. A copy of the resignation shall be forwarded to and recorded by
the personnel officer of the agency.
Section 2 -- Dismissals.

The appointing authority, 15 days after notice in writing to an employee stating
specific reasons therefor, may dismiss any employee who is negligent or inefficient
in his duties, or unfit to perform his duties; who is found to be guilty of gross mis-
conduct; or who is convicted of any crime involving moral turpitude. When such
conviction is final the employee shall have no recourse to appeal to the council.
Section 3 -- Suspension.

The appointing authority may, after written notice, suspend any employee with-
out pay for delinquency or misconduct, for a period not to exceed 30 calendar days
in any one calendar year.
Section 4 -- Reduction of force.

The appointing authority may separate any employee, without prejudice, because
of lack of funds or curtailment of work. No permanent employee, however, shall be
separated while there are emergency, temporary, provisional, or probationary em-
ployees serving in the same class of position in the same organizational unit. The
order of separation due to reduction of force shall be based upon service ratings
and seniority, under a formula to be formally established by the supervisor and ap-
proved by the council, and all such separations shall be reported to the supervisor.
Section 5 -- Like penalties for like offenses.

In dismissals for cause and other punishments, like penalties shall be imposed for
like offenses.
Section 6 -- Tenure of office.

The tenure of office of every permanent employee shall be during good behavior

Page 85 Public Welfare § 4996-2

and the satisfactory performance of his duties as recorded by his service rating.
This provision, howver, shall not be interpreted to prevent the separation of an em-
ployee for cause, or the separation of an employee because of lack of funds or cur-
tailment of work, when made in accordance with this rule.
Section 7 -- Reinstatement to previous class of position.

A permanent employee who has resigned while in good standing, or who has been
separated without prejudice, shall be eligible for reinstatement within a period of
time equivalent to the continuous period of his service in the agency or the council,
provided he has been certified by the supervisor as meeting the current minimum
qualifications as to training and experience of the class of position to which he is
being appointed. Prior to making such certification the supervisor may require such
employee to pass a qualifying examination.
Section 8 -- Reinstatement to register.

Upon written request to the supervisor, the name of a permanent or probationary
employee who has resigned while in good standing or who has been separated with-
out prejudice may, at the discretion of the supervisor, be reinstated to the register
from which his most recent appointment was made. If the register from which his
most recent appointment was made has expired, and if a new register is established
for the same class of positions as that held by such employee within one year of
the date of such resignation or separation, the employee's name may be placed on
this new register as nearly as possible in such a position as would cause his name to
be preceded by the same proportion of names on the new register as originally
promulgated as It was on the old register when originally promulgated. As used in
this section, the words "old register" shall refer to that register from which his most
recent appointment, prior to resignation or separation, was made.

ARTICLE XIII -- APPEALS
Section 1 -- Appeal from examination rejection.

Paragraph 1. Any applicant whose application for admission to an entrance or
promotions examination has been rejected by the supervisor may appeal to the
council for consideration of his qualifications. The council shall consider such appeal,
if in writing, provided it shall have been received by the supervisor not later than
48 hours prior to the announced time for holding the written examination. The
council's decision with respect to any such appeal shall be final.

Paragraph 2. Applicants may be admitted to an examination by the supervisor
pending a consideration of a written appeal. Admission to a written examination
under such circumstances, however, shall not constitute the assurance of a passing
grade in training and experience.
Section 2 --Review of examination ratings.

Any applicant who has taken an examination may appeal to the council for re-
view of his rating in any part of such examination to assure that uniform rating
procedures have been applied equally and fairly. Such appeal must be filed in writ-
ing at the office of the supervisor within 30 days after the date on which notification
of the results of such examination was mailed to the applicant.

A rating in any part of the examination shall not be changed unless compliance
with the foregoing conditions has been made and unless it is found by the super-
visor and the council that a substantial error has been made. The council's decision
with respect to a review or change shall be final and shall be entered in its minutes.
A correction in the rating shall not affect a certification or appointment which may
have already been made from the register.
Section 3 -- Appeal from removal from register.

An eligible whose name has been removed from a register for any of the reasons
specified in Article VI, section 3, paragraph 1, may appeal to the council for recon-
sideration. Such appeal must be filed in writing at the office of the supervisor within
30 days after the date on which notification was mailed to the applicant. The super-
visor shall refer the appeal with all pertinent information to the council. The coun-
cil, after investigation, shall make its decision and the eligible shall be notified ac-

§ 4992-2 Civil Code Page 86

cordingly by the supervisor.

Section 4 -- Appeal from dismissal, suspension, or demotion.

Paragraph 1. A permanent employee who is dismissed, suspended, or demoted
shall have the right to appeal to the council not later than 30 days after the effective
date of the dismissal, suspension, or demotion. Such appeal shall be in writing and
shall be transmitted to the supervisor who shall arrange a formal hearing before the
council within 10 days after receipt of the appeal. The supervisor shall furnish the
personnel officer with a copy of the appeal in advance of the hearing. Both the em-
ployee and his immediate supervisor shall be notified reasonably in advance of the
hearing and shall have the right to present witnesses and give evidence before the
council.

Paragraph 2. The council, within 3 days after the hearing, shall make its recom-
mendations in writing to the appointing authority.

After consideration of the council's recommendations, the state director shall make
his decision which shall be final and which shall be duly recorded in the permanent
records of the agency. The personnel officer shall, in writing, promptly notify the
employee of the agency's decision.

ARTICLE XIV -- ATTENDANCE AND LEAVE

The state department shall adopt regulations covering attendance, vacation, sick
leave, and other types of leave.

ARTICLE XV -- SERVICE RATINGS

The personnel officer shall establish and make effective a system of service rat-
ings designed to give a fair evaluation of the quality and quantity of work per-
formed. Such ratings shall be prepared and recorded for all permanent employees
at regular intervals not to exceed 1 year. Service ratings shall be considered in de-
termining salary advancements and in making promotions, demotions, dismissals,
and in determining the order of separations due to reduction of force. An employee
shall be notified of his service rating in writing by the personnel officer.

ARTICLE XVI - POLITICS AND RELIGION
Section 1 -- No interference with elections.

No employee of the state department, of a county department, or of the council,
except those hereinbefore exempted, shall (a) participate in political activity except
that any employee shall have the right to express his views as an individual citizen
and to cast his vote; (b) take an active part in political management or in political
campaigns; (c) engage in political activity in city, county, state, or national elections,
either primary or general, in behalf of any party or candidate; (d) solicit or receive
or be concerned in soliciting or receiving any money or contribution for political
purposes; (e) be discharged or demoted for refusing to make any contribution for
political purposes.
Section 2 -- No disclosures or discriminations.

No question in any form of application or in any examination shall be so framed
as to solicit information concerning the political or religious opinions or affiliations
of any applicant, nor shall any inquiry be made concerning such opinions or affilia-
tions, and all disclosures thereof shall be disregarded. No discriminations shall be
exercised, threatened, or promised by any person in the employ of the agency or the
council against or in favor of any applicant, eligible, or employee because of his po-
litical or religious opinions or affiliations.
Section 3 -- Recommendations not considered.

No recommendation of any applicant, eligible, or employee involving a disclosure
of his political or religious opinions or affiliations shall be considered or filed by the
agency, the council, or any officer or employee concerned in making appointments or
promotions

ARTICLE XVII -- OTHER EMPLOYMENT

No employee shall hold other public office or have conflicting employment while
in the employ of the agency. Determination of such conflict shall be made by the:
state director and the council.

Page 87 Public Welfare § 4996-4

ARTICLE XVIII -- PAYROLL CERTIFICATION

The state department shall adopt a plan providing for the certificfiation of the
payrolls by the supervisor. Such plans shall provide for a review of the payroll for
conformity with provisions of this rule, not less than once each quarter.
ARTICLE XIX -- RECORDS AND REPORTS

The personnel officer shall establish and maintain a service record for each em-
ployee, showing name, title, salary, changes in status, service ratings, and such
other personnel information as may be considered pertinent. Every recommendation
for temporary or permanent change in status of an employee shall be submitted on
prescribed forms to the personnel officer who shall submit his recommendation to
the appointing authority.

All personnel records shall be open to the inspection of the council. The personnel
officer shall make a written report, at least semi-annually to the State appointing
authority on the personnel activities and procedures of the agency. A copy shall bs
simultaneously filed with the council.

ARTICLE XX -- COOPERATION WITH OTHER MERIT-SYSTEM AGENCIES

The council, with the approval of the state department, may cooperate with other
State departments or with federal or local departments whose merit systems op-
erate in conformity with standards comparable to those contained in this rule. With
the approval of the state department, the council may announce and administer
joint examinations in conformity with this rule, and the registers so established
shall be given recognition under this rule. With the approval of the state depart-
ment, the council may, in the absence of an appropriate register for a particular
class of position, recognize an appropriate register for such class of position estab-
lished under another merit system operating in conformity with these standards,
and may accept regular certification from such registers under the article herein
governing certification.

ARTICLE XXI - APPLICABILITY

All positions, other than those hereinbefore exempted in Article I, definition
11, authorized in the administration of the public welfare laws shall be filled by per-
sons selected on the basis of merit in accordance with this rule. This rule shall apply
to all personnel of the state and county departments of public welfare.
ARTICLE XXII -- AMENDMENTS

If and when it appears desirable in the interest of good administration, the agency
with the advice and recommendation of the council may make additions to or
amend this rule.

ARTICLE XXXIII -- EFFECTIVE DATE

This rule shall become effective June 18, 1940.

§ 4996-3. State board — meetings — quorums — pay. — The chairman shall call
the first meeting of the board and thereafter it shall meet not less than
once a month on regular dates fixed by it; a majority of the said board
shall constitute a quorum and decide all matters. The said board may adopt
its own rules and procedure for the government of its deliberations not
otherwise provided by law. Members of the said board shall receive a per
diem of ten ($10.00) dollars and necessary mileage for attending meetings
at the rates allowed other state officials as fixed in the annual appropria-
tion act; no member shall receive more than three hundred ($300.00) dol-
lars during the first year or more than two ($200.00) dollars in any subse-
quent year, exclusive of mileage.
1937 (40) 496.

§ 4996-4. State director of public welfare. — The said board shall select as
the chief executive officer and as the administrative head of the depart-
ment a state director of public welfare, referred to herein as the state direc-

§ 4996-4 Civil Code Page 88

tor, who shall hold office until his successor has been elected and qualified;
the said director shall execute the decisions and carry out the policies of
the said board and see that the laws relating to the activities and responsi-
bilities of the said board are obeyed; he shall receive such salary as the
board shall fix (not exceeding thirty-six ($3600.00) hundred dollars) unless
the General Assembly shall fix his compensation in the annual appropria-
tion act or otherwise. The board may require the said director to furnish
bond in such sum as the said board may require, and shall have authority
to designate the duties of the said director not otherwise specified by law.
1937 (40) 496.

§ 4996-5. State department — employees — pay — bonds. — Subject to stand-
ards adopted by the state department, the state director is also authorized
to appoint and employ, with the approval of the board, such other officers
and employees as are authorized by this or other acts as may be necessary
to perform the duties placed upon the said department by law, and the
board shall fix their compensation unless the General Assembly shall do so,
but in no event shall the said board expend any sums for purposes unau-
thorized by law. All such compensation shall be fixed by the said state
department which shall submit to the state budget commission all proposed
salaries not fixed by law, and it shall be the duty of the budget commission
to pass upon the said salaries so that the amounts paid shall be in keeping
with the salaries paid to other state employees for similar service and
duties. The said board may require such officers and employees to furnish
bonds in such amounts as it may determine. The selection of such officers
and employees shall be made entirely upon the qualification and merit of
the individuals so employed.
1937 (40) 496.

§ 4996-6. State board submit budgets and reports — state department keep
records — aim. — The board shall have prepared and submit to the Governor
and the General Assembly an annual budget, estimating the necessary
funds for discharging the duties imposed upon the department, after taking
into consideration federal funds which have been or may be allotted to the
state for such purpose. The board shall prepare and submit to the Gover-
nor and the General Assembly a full and detailed report of its activities and
expenditures annually, including a statement of its personnel and the sal-
aries paid, and shall likewise make such recommendations and suggestions
as it shall deem advisable in the execution of its duties to the General As-
sembly. The department shall keep proper records, including such as may
be required by the federal government through its appropriate agency or
instrumentality, and report such information and data as required. The
aim of the said department shall be to promote the unified development of
welfare activities and agencies of the state and local governments so that
each agency and governmental institution may function as an integral part
of a general system.
1937 (40) 496.

§ 4996-7. County department of public welfare — county board of public
welfare. — There is hereby created in each county of the State a county de-
partment of public welfare, hereinafter referred to as the county depart-
ment, and in each county a county board of public welfare, hereinafter

Page 89 Public Welfare § 4996-10

referred to as the county board, to be composed of three members, who
shall be appointed by the state board or the state director upon the recom-
mendation of a majority, including the Senator, of the county legislative
delegation. The terms of the first members shall be so fixed that one will
terminate each year for three years, and members appointed thereafter
shall serve for three years and until their successors have been appointed
and qualified. If at the end of forty days after the state department notifies
the respective county delegations to make such recommendations, any
county delegation has not recommended a county board of public welfare,
the state board shall have the authority to appoint a county board for such
county to serve for terms as provided in this chapter. In case of a vacancy
caused by death, removal, resignation or otherwise, the same shall be filled
as herein provided but only for the unexpired term thereof.
1937 (40) 496.

§ 4996-8. County board — duties and powers. — The respective county
boards shall act as the representatives of the state department in admin-
istering such welfare activities within the county as are provided in this
and subsequent acts or as are directed and required by the said state depart-
ment when not otherwise provided for by law. Each of the said county
boards shall see that all laws are enforced for the protection and welfare
of minors, the removal of moral menaces to the young, and to safeguard
and promote the health, education and general welfare of minors. Subject
to the rules and regulations of the state department, each of the said county
boards may use any funds supplied to it by the county in which it operates
for such purposes as may be directed by law, in addition to its other duties.
Each county board shall serve as the agent of the state department in per-
formance of such functions as the said state department may delegate to it.
1937 (40) 496.

§ 4996-9. County board — meetings — quorum — pay. — Immediately after
their appointment the members of the respective county boards shall meet
and elect one of their members as chairman. Thereafter each said county
board shall meet not less than once a month on regular dates fixed by it
unless the state department shall designate other regular dates for the
various county board's meetings. Two members of each county board shall
constitute a quorum and may decide all matters. Unless otherwise provided
by law, each county board may adopt its own rules of procedure unless the
state department shall promulgate uniform rules for all county boards to
observe. Members of the county boards shall receive mileage at the rate of
five (5c) cents per mile for travel in attending the said meetings, and a
per diem of three ($3.00) dollars, the total per diem not to exceed one hun-
dred twenty ($120.00) dollars the first year or seventy-five ($75.00) dollars
in subsequent years.
1937 (40) 496.

§ 4996-10. County director — county board submit estimates of needs to
state department. — Subject to rules and regulations of the state depart-
ment, each county board, shall select a director, referred to herein as the
county director, to discharge the duties of such office. Salaries of county
directors shall be fixed by the state department (not to exceed twelve hun-
dred ($1200.00) dollars in any case) but county boards may increase salaries

§ 4996-10 Civil Code Page 90

paid their directors with any funds at their disposal other than supplied
them through the state department. In fixing the salaries of the various
county directors the state department shall consider the individual qualifi-
cations of the respective directors and the possibilities of their individual
positions. The county director shall be the chief executive officer of the
county board electing him and perform such duties as are directed by the
said board, in conformity to the general policies of the state department or
as directed by this and subsequent acts of the General Assembly. Each
county board shall submit to the state department at such times as the
latter shall require its estimate of the necessary administrative expenses
and expendiures in the county which when approved by the state depart-
ment shall be authority for the county board to engage such other agents
and employees necessary in executing the duties and activities delegated
to the said board. All such agents and employees shall measure up to the
standards fixed by the state department as to education, training, fitness
and experience in social work.
1937 (40) 496.

§ 4996-11. County board submit budgets, keep records, and make reports.

— Each county board shall prepare and submit to the state department, as
required by the latter, an estimated budget for carrying out the duties and
functions delegated to the said board and shall maintain an accurate record
of its activities and all funds received and expended by it. It shall furnish
such reports to the state department as the latter shall require. Each county
board shall make an annual report of its activities, receipts and disburse-
ments to each member of the county legislative delegation, to the foreman
of the county grand jury, and to the clerk of court, who shall file the same
in his office as a public record. Each county board shall furnish such re-
ports and data as may be required by the state department of the federal
government, through its appropriate agency or instrumentality, concern-
ing conditions within its county, its activities and functions, and concern-
ing the administration of funds received by it.
1937 (40) 496.

§ 4996-12. Standards of work, procedure and records of county board. —

The respective county boards shall maintain such standards of work, pro-
cedure and records as are required by the state department in the dis-
charge of any functions or in the use of any funds provided by the said
state department.
1937 (40) 496.

§ 4996-13. Funds for administration and expenses — unexpended funds. —

Where funds are provided for different purposes, the state department is
authorized to allocate funds required for administration and expenses from
each separate fund, upon a fair and proper proportion as between the vari-
ous purposes. Any unexpended balance remaining to the credit of any fund
at the end of any month, year, or other period, shall not revert to the state
treasury but shall remain in the respective fund subject to future use by
the state department for the purposes originally provided.
1937 (40) 496.

§ 4996-14. Advisory councils. — The state board may create a state advi-

Page 91 Administration of Assistance § 4996-16

sory council of public welfare to consider and advise with the department
on its problems and the remedies therefor, said council not to exceed fifteen
members, and each county board may likewise create similar county advi-
sory councils, not to exceed five members. Members of such councils shall
serve without expense or compensation.
1937 (40) 496.

ARTICLE 2
General Provisions Relating to Administration of Assistance

4996-15. Applications for assistance. 4996-24. Recipients report receipt of cer-

4996-16. County department decide on tain property.

application and assistance. 4996-25. Pay United States one-half net

4996-17. State department review cases. amount old age assistance re-

4996-18. State department consider ap- covered.

plications. 4996-26. Guardians represent certain re-

4996-19. County departments reconsider cipients.

assistance grants. 4990-27. Charge for representing appli-

4996-20. Assistance payments exempt cant.

from taxes. 4996-28. Assistance subject to future

4996-21. Penalty obtain or attempt to ob- acts.

tain assistance by fraud. 4996-29. Payment of salaries, expenses

4996-22. Records and accounts. and assistance.
4996-23. Administration of assistance.

$ 4996-15. Applications for assistance — county department investigate. —

Applications for assistance under the provisions of this chapter shall be
made, as provided in the various parts hereof, and where no such provision
has been made, in accordance with the manner and form prescribed by the
state department. An investigation shall be made by the county depart-
ment, as provided in this chapter, or as required by the state department.
The county department shall have the power to issue subpoenas for wit-
nesses and compel their attendance and the production of papers, records,
and other data pertinent to a determination and granting of such assistance
and the director of each county department and such employees as may be
designated by such director may administer oaths and examine witnesses
under oath.
1937 (40) 496.

§ 4996-16. County department decide on applications and assistance — no-
tify state department and applicant — pay assistance monthly. — Upon the
completion of its investigation the county department shall decide whether
the applicant is eligible for assistance under the provisions of this chapter,
and determine the amount of such assistance and the date on which such
assistance shall begin. In determining the amount of assistance, due ac-
count shall be taken of any income or property of the applicant and any
support which he may receive from other sources. The county department
shall make a decision which shall be binding and be complied with until
such decision is modified or vacated. The county department shall certify
its decision to the state department and shall also notify the applicant of
its decision in writing. Assistance, if granted, shall be paid monthly to the
applicant by the state department.
1937 (40) 496.

§ 4996-17 Civil Code Page 92

§ 4996-17. State department review cases. — In the event an application is
denied or the amount or terms of a grant or of any withdrawal or modifica-
tion thereof be deemed inadequate or unjust by the applicant or recipient,
the applicant or recipient, or one acting in his behalf may demand a re-
view of his case before the state department by filing his written request
for such review with such county department of the state department not
more than sixty (60) days after notice of its action. The county depart-
ment shall, within ten (10) days, certify its records and data on the case,
and such additional information as it deems relevant to the state depart-
ment, which department shall promptly grant to the applicant or re-
cipient an opportunity for a fair hearing upon the questions raised by the
applicant or recipient. At this hearing any party in interest may appear and
present any relevant facts. The state department shall produce such further
evidence as it may deem necessary and shall certify its findings and deci-
sion on the case back to the county department concerned and such find-
ings and award shall thereupon become final and effective as of such date
as the state department shall fix. The state department shall have the
power to issue subpoenas for witnesses and compel their attendance and
the production of papers and writings and the state director and employees
designated by him may administer oaths and examine witnesses under
oath.

1937 (40) 496.

§ 4996-18. State department consider applications not acted on in reason-
able time and review decisions of county departments. — If an application is
not acted upon by the county department within a reasonable time after
the filing of the application, the applicant may appeal to the state depart-
ment in the manner and form prescribed in section 4996-17. The state de-
partment may also, and upon its own motion, or at the request of the ap-
plicant, review any decision of a county department, and may consider any
application upon which a decision has not been made by the county de-
partment within a reasonable time. The state department may make such
additional investigation as it may deem necessary, and shall make such
decision as to the granting of assistance and the amount of assistance to be
granted the applicant as in its opinion is justified and in conformity with
the provisions of this chapter. All decisions of the state department shall
be binding upon the county department involved and shall be complied
with by such county department. As to any action taken by the state de-
partment under this section the state department shall grant the applicant
or recipient an opportunity for a fair hearing as provided under section
4996-17.

1937 (40) 496.

§ 4996-19. County departments reconsider assistance grants. — All assist-
ance grants made under this chapter shall be reconsidered by the county
department as frequently as may be required by the rules of the state de-
partment. After such further investigation as the county department may
deem necessary or the state department may require, the amount of as-
sistance may be changed or assistance may be entirely withdrawn if the
state or county departments find that the recipient's circumstances have
altered sufficiently to warrant such action. The county department may at

Page 93 Administration of Assistance § 4996-23

any time cancel and revoke assistance for cause and it may for cause sus-
pend assistance for such period as it may deem proper. Whenever as-
sistance is thus withdrawn, revoked, suspended or in any way changed,
the county department shall at once report to the state department such
decision together with the record of its investigation. All such decisions
shall be subject to appeal, review and hearing as provided in section 4996-17
of this chapter.
1937 (40) 496.

§ 4996-20. Assistance payments exempt from taxes, levy, attachment, etc.

— All amounts paid or payable as assistance shall be exempt from any tax
levied by the State or any subdivision thereof and shall be exempt from
levy and sale, attachment or any other process whatsoever and shall be in-
alienable and unassignable in advance in any form, and in the case of bank-
ruptcy shall not pass to the trustee or other person acting on behalf of the
creditors of the recipient of assistance.
1937 (40) 496.

§ 4996-21. Penalty obtain or attempt to obtain assistance by fraud. — Any
person who by means of a false statement, knowing it to be false, or wilful
misrepresentation or by impersonation or other fraudulent device obtains
or attempts to obtain or aids or abets any person in obtaining assistance to
which such person is not entitled or a larger amount of assistance than
that to which he is justly entitled shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine of not more than five
hundred ($500.00) dollars or imprisonment of not longer than one year, or
both, in the discretion of the court.
1937 (40) 496.

§ 4996-22. Records and accounts of county departments — report to stale
department. — The records and accounts of each county shall be maintained
as prescribed by the state department and shall be subject to inspection,
supervision and audit by the state department and in the same manner and
with the same effect as now or hereafter may be provided by law for the
examination of other public offices. The county department shall, at such
times as the state department may require, make report to the state de-
partment of all receipts and disbursements for assistance in such manner
and upon such forms as the state department may require.
1937 (40) 496.

§ 4996-23. Administration of assistance — rules and regulations — penalties
unlawfully use publications or records.

(1) State department supervise administration of assistance — forms —
rules and regulations. — The state department shall supervise the adminis-
tration of assistance under this chapter. The state department shall pre-
scribe the form of and print and supply to county departments blanks of
applications, reports, affidavits and other such forms as it may deem advis-
able. The state department shall make rules and regulations necessary for
the carrying out of the provisions of this chapter to the end that assistance
be administered uniformly throughout the State, having regard to the vary-
ing conditions in different parts of the State, and that the spirit and pur-
pose of this chapter may be complied with. All such rules and regulations

§ 4996-23 Civil Code Page 94

made by the state department shall be binding upon the county depart-
ments and shall be complied with by them.

(2) State department issue rules and regulations governing custody and
use of its records — governmental agencies adopt regulations prevent certain
publication of recipients of assistance. — The state department shall make
and enforce reasonable rules and regulations governing the custody, use,
and preservation of the records, papers, files, and communications of the
state and county departments. Wherever, under the provisions of law,
names and addresses of recipients of assistance under this chapter are fur-
nished to or held by any other agency or department of government, such
agency or department of government shall be required to adopt regula-
tions necessary to prevent the publication of lists thereof or their use for
purposes not directly connected with the administration of public assist-
ance.

(3) Penalties unlawfully use publications and records of state or county
departments of public welfare. — Any person who shall, except for purposes
directly connected with the administration of this chapter or of old age as-
sistance, aid to the blind, aid to dependent children, or general relief, and
in accordance with the rules and regulations of the state department, so-
licit, disclose, receive, make use of, or authorize, knowingly permit, par-
ticipate in, or acquiesce in the use of, any list or name of, or any informa-
tion concerning, persons applying for or receiving such assistance, directly
or indirectly derived from the records, papers, files, or communications of
the state or county departments of public welfare, or acquired in the course
of the performance of official duties, shall be guilty of a misdemeanor and
shall be punishable therefor by fine or imprisonment, or both.

1937 (40) 496; 1941 (42) 265.

Rules and Regulations adopted by South Carolina Board of Public Welfare:

(Filed secretary of state's office December 31, 1941.)

(1) Information contained in applications for public assistance, or general relief,
reports of investigations, reports of medical examinations, correspondence and other
records concerning the circumstances or condition of any person from whom or con-
cerning whom such information is sought or obtained, together with lists of names
and addresses of such applicants or persons, any records of the department's evalua-
tion of such information, and any unrecorded information relating to individual
public assistance cases, are privileged and confidential, and are in the exclusive
custody and control of the state department of public welfare; and their use, trans-
mittal, or disclosure for purposes other than those directly connected with the ad-
ministration of public assistance or general relief is prohibited by the law above
quoted.

(2) Such confidential information may, under these rules and regulations, be dis-
closed to any agency or department of government from which an applicant or re-
cipient has requested assistance or services, provided such agency or department
of government shall furnish the department of public welfare satisfactory evidence
that it has complied with the provisions of the State law requiring the adoption of
regulations to prevent the use or disclosure of such information except for pur-
poses directly connected with the administration of public assistance or general re-
lief; but no such agency or department of government shall be furnished with any
general list of names and addresses of recipients of public assistance or general re-
lief. Such agencies or departments of government as the bureau of old age and sur-
vivors' insurance, the bureau of employment security, the works projects admin-
istration, the U. S. children's bureau, selective service boards, the surplus market-

Page 95 Administration of Assistance § 4996-25

ing administration, vocational rehabilitation service, public health service, child
welfare service, etc., may be furnished such information under the provisions of this
paragraph.

(3) Such confidential information may, under these rules and regulations, be dis-
closed to such established private welfare agencies as the American Red Cross,
United Service Organization, incorporated Family Welfare Associations, the Trav-
elers Aid, Social Service Exchanges, etc., from which an applicant or recipient has
requested assistance or services, provided such private welfare agency shall furnish
the department of public welfare with satisfactory evidence that it has adopted
regulations to prevent the use or disclosure of such information for purposes not
directly connected with the administration of public assistance or general relief;
but no such private welfare agency shall be furnished with any general list of names
and addresses of recipients of public assistance or general relief.

(4) Such confidential information may, under these rules and regulations, be fur-
nished to any individual establishing a reasonable basis for requesting same, pro-
vided such individual gives assurance, in writing, to the department of public wel-
fare, that such information will not be used in violation of the provisions of the State
law above quoted, or in any manner not directly connected with the administration
of public assistance or general relief; but no individual shall be furnished with any
general list of names and addresses of recipients of public assistance or general
relief.

(5) General information, not identified with any individual applicant or recipient,
such as total amounts expended, number of recipients or applicants, and other sta-
tistical information and data contained in general studies, reports, or surveys of
welfare problems, may be furnished upon request of any citizen or organization.

(6) Information obtained in confidence from outside sources must not be disclosed
to the applicant or recipient involved; but data presented and recorded at a fair
hearing upon review may be made available to the applicant or recipient and his
representative.

(7) Authority to disclose confifidential information in accordance with these rules
and regulations is limited to the county director of public welfare in each county,
and that official is required to report to the state director, in writing, the receipt of
any request for such information and the disposition made of such request. In cases
where the county director is uncertain as to his authority to disclose the informa-
tion requested, he shall refer the request to the state director for appropriate action.

(8) All public assistance records must be kept in locked files; or, pending the se-
curing of such locked files, such records shall be kept in substantial file cabinets in
quarters constantly and adequately protected by locking, against inspection by un-
authorized persons.

§ 4996-24. Recipients report receipt of certain property — recover assist-
ance improperly paid. — If at any time during the continuance of assistance
the recipient thereof becomes possessed of any property or income in ex-
cess of the amount stated in the application provided for in this chapter, it
shall be the duty of the recipient immediately, to notify the county depart-
ment of the receipt or possession of such property or income and the county
department may, after investigation either cancel the assistance or alter
the amount thereof in accordance with the circumstances. Any assistance
improperly paid shall be recoverable by the state department as a debt due
to the State. Any action in this respect shall be subject to appeal, review
and hearing as provided in section 4996-17.
1937 (40) 496.

§ 4996-25. Pay United States one-half net amount old age assistance recov-
ered under § 4996-24. — One-half {V2) of the net amount collected by the State

§ 4996-25 Civil Code Page 96

or any of its political subdivisions from a recipient of old age assistance, as
provided by § 4996-24, shall be promptly paid to the United States govern-
ment.

1937 (40) 496; 1938 (40) 1765.

§ 4996-26. Guardians represent certain recipients — If an applicant or re-
cipient shall be found by the county department to be incapable of taking
care of himself or his money, or if in the discretion of the county depart-
ment his interest will be best served, the state department, or one desig-
nated by it, may apply to the probate court of the county in which such
applicant or recipient lives for the appointment of a guardian, to whom the
payments of assistance granted shall be made for the benefit of the appli-
cant or recipient, and such guardian shall file a copy of his return with the
county department, as well as the probate judge, as now required by law,
and such other reports as the said county department shall require. Pro-
vided, that the respective probate judges shall perform all necessary duties
in connection with such guardianship without charging any fees, costs or
commissions.
1937 (40) 496.

§ 4996-27. Charge for representing applicant or recipient — public officers
not influence decisions relating to assistance. — No person shall make any
charge or receive any fee for representing the applicant or recipient of as-
sistance in connection with the granting of any assistance provided for in
this chapter, except as to criminal proceedings and except upon appeal to
the state department, and then only in a reasonable amount and subject to
the regulations of the state department. Any public officer not charged
with the administration of this chapter who attempts to influence a deci-
sion of the county department or state department respecting the applica-
ion of any person for assistance, or respecting the assistance to be paid or
being paid, shall be guilty of a misdemeanor, and upon conviction, shall
be punished by a fine not exceeding five hundred ($500.00) dollars or im-
prisonment not exceeding six (6) months, or both, in the discretion of the
court; provided, this punishment shall not apply to the giving of informa-
tion in writing within the personal knowledge of such officer.
1937 (40) 496.

§ 4996-28. Assistance subject to future acts — claim for assistance against
State. — All assistance granted hereunder shall be deemed to be granted
and to be held subject to the provisions of any amending or repealing act
that may hereafter be passed, and no recipient shall have any claim for
compensation, or otherwise, by reason of his assistance being affected in any
way by an amending or repealing act; nor shall he have any claim against
the state for any failure upon the part of the General Assembly in any
year to appropriate sufficient funds to pay grants previously made.
1937 (40) 496.

§ 4996-29. Payment of salaries, expenses, and assistance — depositories for
funds. — The state board shall designate and authorize its proper officers and
employees of the state department to issue its requisition upon the comp-
troller general for the payment of salaries or other expenses in the admin-
istration of this chapter, who shall draw his warrant upon the state treas-

Page 97 Assistance to Aged Persons in Need § 4996-32

urer as directed thereby and the state treasurer shall pay the same by
check or otherwise. In paying assistance granted to recipients in accord-
ance with this chapter, the state department may include in one lump
requisition the total amount it will require to meet monthly payments from
the various funds set up under the provisions of this chapter and disburse
the said assistance to the individual beneficiaries by its own checks; pro-
vided, that attached to such lump sum requisition shall be a list of the
beneficiaries and the amounts for each making up the total requisitioned;
provided, further, that the state board may select its depositories for such
funds pending the clearing pf assistance checks and require such security
on such deposits as it shall deem practicable.
1937 (40) 496.

ARTICLE 3

Assistance to Aged Persons in Need

4996-30. Persons receive. amount.

4996-31. County department determine 4996-32. Application.

4996-33. Appropriations.

§ 4996-30. Persons receive — amount limited. — Old age assistance shall be
paid under this chapter to any person who shall comply with the require-
ments of this chapter and who: (a) has attained the age of sixty -five (65)
years; (b) is a citizen of the United States and has been a resident of the
State of South Carolina for at least five (5) years within the nine (9)
years immediately preceding his application for old age assistance; (c)
has resided in the State for at least one (1) year immediately preceding
the date of the application; (d) has no income or has income which, when
added to the contributions in money, subsistence or service from relatives
or from any other source, is inadequate to provide a reasonable subsis-
tence; provided, however, that where an applicant for assistance has an
income of two hundred forty ($240.00) dollars, or more annually, no as-
sistance shall be granted or allowed, nor shall any assistance to any indi-
vidual exceed two hundred forty ($240.00) dollars annually; (e) has not
directly or indirectly disposed or deprived himself of any property for the
purpose of qualifying for the benefits of this chapter; (f) is not an inmate
of any public institution at the time of receiving assistance; provided, how-
ever, that any such inmate may apply for such assistance.
1937 (40) 496.

§ 4996-31. County department determine amount. — It shall be the duty of
the state department to provide a reasonable subsistence compatible with
decency and health to each person eligible for old age assistance under
the provisions of this chapter. The amount of such assistance shall, sub-
ject to rules, regulations and standards of the state department be deter-
mined by the county department with due regard to the conditions existing
in each case and subject to the other provisions of this chapter.
1937 (40) 496.

§ 4996-32. Application — county department investigate. — Application for
in.-s.c-4

§ 4996-32 Civil Code Page 98

assistance to aged persons under this chapter shall be made to the county
department of the county in which the applicant resides. The application
shall be in writing or reduced to writing in the manner and upon the form
prescribed by the state department. Such application shall contain a state-
ment of the amount of property, both personal and real, in which the ap-
plicant has an interest and of all income which he may have at the time of
the filing of the application, and such other information as may be pre-
scribed by the state department. An investigation and record shall be
promptly made by the county department of the circumstances of the ap-
plicant. The object of such investigation shall be to ascertain the facts
supporting the application made under this chapter and such other infor-
mation as may be required by the rules of the state department.
1937 (40) 496.

§ 4996-33. Appropriations — deposit — use. — The treasurer of the State of
South Carolina is hereby authorized and directed to receive and deposit in
the state treasury any federal funds allotted to the State under section 3
of title one of the Federal Social Security Act and the sum of seventy-
three thousand three hundred and thirty-three dollars and thirty-three
($73,333.33) cents is hereby appropriated from the general funds of the
state treasury upon the first day of each month subsequent to May 13,
1937. The foregoing sums shall be kept by the state treasurer in an old age
assistance account, and shall be used by the state department to defray the
administrative expense of and to pay the assistance provided for herein.
1937 (40) 496.

ARTICLE 4
Aid to Dependent Children.

4996-34. Definitions. 4996-37. County department make esti-

4996-35. Application. mate.

4996-36. County department investigate. 4996-38. Amount aid grant.

4996-39. Appropriations.

§ 4996-34. Definitions — state department cooperate with federal govern-
ment. — For the purpose set forth herein, the term "dependent child" means
a child under the age of sixteen (16) years who has been deprived of
parental support or care by reason of the death, continued absence from
home, or physical or mental incapacity of a parent, and who is living with
his or her father, mother, grandfather, grand-mother, brother, sister, step-
father, stepmother, stepbrother, stepsister, uncle or aunt, in a place or
residence maintained by one or more of such relatives as his or her own
home, and if not granted aid is likely to become a public charge or who
would otherwise be deprived of proper support, care or training, (b) The
term "aid to dependent children" means money payments with respect to
a dependent child or dependent children. The state department shall ad-
minister all funds appropriated or made available for this purpose. It shall
be empowered to cooperate with the federal government in the develop-
ment of plans and policies for aid to dependent children.
1937 (40) 496.

Page 99 Aid to Dependent Children § 4996-39

§ 4996-35. Application. — Any person having knowedge that any child is
dependent and that the interest of such child or of the public requires that
such child be granted aid may bring such fact to the attention of the county
department in the county where the dependent child has residence, or to
the state department by making application for aid on such blanks as the
state department shall prescribe and supply, furnishing such information
as is required thereon and is necessary for the proper administration of
these purposes.
1937 (40) 496.

§ 4996-36. County department investigate — report — children receive aid —
appeal. — The county department shall make an investigation and examina-
tion of the circumstances of such child. Such investigation and examina-
tion shall be made in accordance with rules prescribed by the state de-
partment. A report of such investigation and examination shall be made
in writing and shall become a part of the records of the county departr
ment. If such child is found to be in need and to have resided in the State
for one year immediately preceding the application for such aid or to have
been born within the State within one year preceding the application, and
whose mother has resided in the State one year immediately preceding
the birth of said child, the county department shall grant such aid as may
be necessary for the support of such child in its own home or in the home
of one of its relatives as set forth in this chapter, in a manner compatible
with decency and health. In case application for aid for a dependent child
is rejected by the county department, appeal may be made to the state de-
partment as elsewhere provided in this chapter.
1937 (40) 496.

§ 4996-37. County department make estimate. — Each county department
shall prepare, as required by the state department, an estimate of the
amount needed for dependent children in its county. Such estimate shall
set forth the number of children being aided, with the amounts of grants
to each individual child and such information or data as is necessary for
the state department to estimate the probable increase or decrease during
the next ensuing period. A copy of such estimates from the various county
departments shall be furnished each member of the legislative delegation
of the respective counties.
1937 (40) 496.

§ 4996-38. Amount aid grant. — In granting aid for dependent children the
amount granted shall not exceed fifteen ($15.00) dollars per month for one
child in any home, nor ten ($10.00) dollars for each additional child in
the same home.
1937 (40) 496.

§ 4996-39. Appropriations — deposit — use. — The treasurer of the State of
South Carolina is hereby authorized and directed to receive and deposit in
the state treasury any federal funds allotted to the State under section
403 of title 4 of the Federal Social Security Act, or otherwise, for aid to
dependent children. The sum of thirty thousand ($30,000.00) dollars is
hereby appropriated from the general funds of the state treasury upon the
first of each month subsequent to May 13, 1937. The foregoing funds shall

§ 4996-39 Civil Code Page 100

be kept by the state treasurer in a dependent children's aid account and
shall be used by the state department to defray necessary administrative
expenses and to pay the assistance provided for herein.
1937 (40) 496.

ARTICLE 5

Aid to Needy Blind

4996-40. Persons receive. 4996-45. Register of the blind.

4996-41. County department determine 4996-46. Appropriations.

amount. 4996-47. Advisory council.

4996-42. Examine. 4996-48. Duties and powers of advisory
4996-43. Provide surgical operation or council.

medical treatment. 4996-49. Appropriation for treatment
4996-44. Recipients not publicly solicit and training of the blind,

alms.

§ 4996-40. Persons receive. — The state department shall grant assistance
in the form of money payments, to blind persons in need who (a) have
no vision or whose vision with correcting glasses is so defective as to pre-
vent the performance of ordinary activities for which eyesight is essen-
tial; (b) is unable to provide himself with the necessities of life, has in-
sufficient means of his own for proper support and has no relative or other
person able to provide and legally responsible for his maintenance or will-
ing to provide therefor, (c) Has resided in this State for five (5) years
during the nine (9) years immediately preceding the date of the applica-
tion and who has resided in this State continuously for one year imme-
diately preceding the date of application, or who has suffered loss of sight
while a resident of this State or who was blind and a resident of this State
May 13, 1937.
1937 (40) 496.

§ 4996-41. County department determine amount. — The amount of assist-
ance which any such person shall receive shall be determined by the
county department, after making such investigation as is necessary or re-
quired by the state department with due regard to the resources and nec-
essary expenditures and the conditions existing in each case and shall be
sufficient, when added to other income and support of the recipient, to
provide such person with a reasonable subsistence compatible with de-
cency and health, not to exceed three hundred ($300.00) dollars in any
year, payable in such monthly installments as the county department may
determine, subject to the approval of the state department.
1937 (40) 496.

§ 4996-42. Examine. — The state department shall designate the procedure
to be followed and select the occulist to conduct competent medical ex-
amination for determining the blindness of applicant for assistance and
pay for such examinations. No application shall be approved for assist-
ance until the applicant has been examined. Any recipient of assistance
shall submit to re-examination as to his eye-sight when required to do so
and furnish any information required by the state department.
1937 (40) 496.

Page 101 Aid to Needy Blind § 4996-47

§ 4996-43. Provide surgical operation or medical treatment. — If upon ex-
amination or re-examination it. shall be found that a recipient or claimant
for relief may have such disability benefitted or removed by proper sur-
gical operation or medical treatment, the state department may authorize
the expenditure for such operation or treatment and expense incident
thereto a sum equivalent to the relief which they may be entitled to for
one (1) year under the provisions of this chapter; provided, that if such
person refuses to permit such operation or treatment the state board may
refuse, discontinue or reduce the assistance requested or being received.
1937 (40) 496.

§ 4996-44. Recipients not publicly solicit alms. — No recipient of assistance
under this chapter shall publicly solicit alms in any part of the State and
the violation of this prohibition shall be grounds to discontinue or reduce
such assistance. The term "publicly solicit" shall be construed to include
the wearing, carrying or exhibiting of signs denoting blindness, the car-
rying of receptacles for the receipt of alms, or the doing of the same by
proxy or by begging from house to house.
1937 (40) 496.

§ 4996-45. Register of the blind — work prevent blindness and aid blind
persons. — The state department shall cause to be compiled and maintained
a complete register of the blind in this State, which shall describe the con-
dition, cause of blindness and capacity for education and industrial train-
ing with such other facts as may seem to the department to be of value.
The state department may develop or co-operate with other agencies in
developing measures for preventing blindness, the restoration of eye-
sight and vocational adjustment of blind persons.
1937 (40) 496.

§ 4996-46. Appropriations — deposit — use. — The treasurer of the State of
South Carolina is hereby authorized and directed to receive and deposit
in the state treasury any federal funds allotted to the State under section
1003 of title ten (10) of the Federal Social Security Act, or subsequent
federal acts for the purposes of providing such assistance and the sum of
five thousand ($5,000.00) dollars is hereby appropriated from the general
funds of the state treasury upon the first day of each month subsequent to
May 13, 1937, and the foregoing sums shall be kept by the state treasurer
in an aid to needy blind account and shall be used by the state depart-
ment to defray the administrative expenses and to pay the assistance pro-
vided for herein.
1937 (40) 496.

§ 4996-47. Advisory council. — The state board shall appoint an advisory
council which shall consist of five (5) members, of whom one at least shall
by preference be a blind person. The appointments of initial members shall
be for terms ranging from one (1) to five (5) years so that the term of
one (1) member shall expire annually, but subsequent appointees shall
serve for five (5) years and until their successors have been appointed and
qualified. The advisory council shall meet not less than once in each quar-
ter, or more often upon the request of the state board, and the members
of the said council shall be paid their expenses in attending such meet-
ings. The state board shall provide such personnel and pay such necessary

§ 4996-47 Civil Code Page 102

administrative expenses as it deems adequate for the said advisory coun-
cil to perform the duties herein assigned to it.
1937 (40) 496.

§ 4996-48. Duties and powers of advisory council. — The advisory council
provided for in section 4996-47 shall advise and consult with the state
board in connection with the administration of assistance to the needy
blind, and in addition, under the direction of and with the approval of
the state department, shall plan, supervise and carry out the following ac-
tivities.

(a) Inquire into the causes of blindness, inaugurate and cooperate in
preventative measures, and provide for the examination and treatment of
the eyes of the blind or those threatened with blindness for the benefit of
such persons, and shall pay therefor including necessary incidental ex-
penses, (b) Aid the blind in finding employment, teaching them trades
and occupations within their capacities, assist them in disposing of prod-
ucts made by them in home industries and do such things as will con-
tribute to the efficiency of self-support of the blind, (c) undertake such
other activities as may ameliorate the condition of blind citizens of this
State, and (d) receive monies by gift or bequest for any of the purposes
herein set out, but without the authority to bind the State of South Caro-
lina to any expenditure or policy except as may be specifically authorized
by law.

1937 (40) 496.

§ 4996-49. Appropriation for treatment and training of the blind. — There
is hereby appropriated from the general funds of the State for each fiscal
year the sum of twenty thousand ($20,000.00) dollars, which shall be kept
by the state treasurer as a fund for the treatment and training of the
blind. This fund shall be used by the advisory council set up under section
4996-47 to carry out the particular purposes assigned to it but such plans
and expenditures of the advisory council shall be subject to the approval
of the state board, and the state board shall authorize its proper officers
and employees to issue its requisitions upon the comptroller general for
any funds from the said fund, who shall draw his warrant upon the state
treasurer as directed thereby and the state treasurer shall pay the same by
check or otherwise .
1937 (40) 496.

Page 103 Assistance for Handicapped and Unfortunate Persons § 4996-53

ARTICLE .6
Assistance for Other Handicapped and Unfortunate Persons

4996-50. Appropriations for general re- 4996-55. County department decide if

lief. applicant eligible.

4996-51. Persons receive. 4996-56. County director file claims for

4996-52. Match county funds with state recipients.

funds. 4996-57. Administration of relief grants

4996-53. Payments to counties. from general relief funds of

4996-54. Application — investigate. counties.

§ 4996-50. Appropriations for general relief. — To assist the respective
counties of the State in rendering assistance to other handicapped and
unfortunate persons in need and to prevent suffering, distress and need
among persons not otherwise provided for in this chapter, there is hereby
appropriated from the general funds of the state treasury for the fiscal
year beginning July 1, 1937, the sum of two hundred thousand ($200,-
000.00) dollars and a similar amount for each succeeding fiscal year, which
shall constitute a fund to match county expenditures for general relief,
which fund shall be apportioned by the state department to the various
counties of the State as herein provided.
1937 (40) 496.

§ 4996-51. Persons receive. — Any county which appropriates and makes
available from its own funds a sum of money for the care and support of
persons who are not eligible for other forms of assistance provided in this
chapter, and who are unable to support themselves because of physical or
mental infirmity and who would suffer unless so provided for, shall be en-
titled to receive assistance from the state fund provided for in section
4996-50. A recipient of such assistance from the respective counties must be
unable to provide himself with the necessities of life, have insufficient
means of his own for proper support and have no relative or other person
able to provide and legally responsible for his maintenance or willing to
provide therefor.
1937 (40) 496.

§ 4996-52. Match county funds with state funds — exception. — All county
funds for general relief or assistance shall be matched by an equal amount
of state funds, from the amount made available in section 4996-50, within
the limits herein prescribed, except that the state board may decline to
fully match the funds contributed by any county if such is necessary, in
the judgment of the state board, to provide an equitable distribution of
state funds among the counties in proportion to the existing needs, from
time to time, as determined by the state board.
1937 (40) 496.

§ 4996-53. Payments to counties. — In paying to counties from the fund pro-
vided for in section 4996-50, the state department shall authorize its proper
officers to issue its requisitions upon the comptroller general for such
payments and the said comptroller general shall draw his warrant upon
the state treasurer, as directed thereby and the state treasurer shall pay
the same by check or otherwise.
1937 (40) 496.

§ 4996-54 Civil Code Page 104

§ 4996-54. Application — investigate.— Application for assistance under ar-
ticle 6 of this chapter shall be made to the county department of the
county in which the applicant resides. The application shall be in writing
or reduced to writing in the manner and upon a form prescribed by the
state department. Whenever the county department receives an applica-
tion for assistance under article 6 of this chapter, an investigation and
record shall promptly be made of the circumstances of the applicant in
order to ascertain the facts supporting the application, and in order to
obtain such other information as may be required by the rules of the state
department. The investigation shall include a visit to the home of the ap-
plicant.

1937 (40) 496.

§ 4996-55. County department decide if applicant eligible — amount. — Upon
the completion of the investigation the county department shall decide
whether the applicant is eligible for assistance under the provisions of ar-
ticle 6 of this chapter, the amount of assistance which any person shall
receive shall be determined by the county department with due regard
to the resources and necessary expenditures of each case, and the condi-
tions existing in each case in accordance with the rules and regulations
made by the state department and shall be sufficient when added to all
other income and support of the applicant to provide such person with a
reasonable subsistence compatible with decency and health. In no case
shall more than one hundred and twenty ($120.00) dollars per year be
granted to any individual recipient from state funds provided a county,
and the total assistance to any recipient, including both state and county
funds shall not exceed three hundred and sixty ($360.00) dollars in any
year.

1937 (40) 496.

§ 4996-56. County director file claims for recipients — payment. — From the.
general relief fund of any county the public welfare board of such county
is authorized to grant assistance or relief to needy persons as described
in section 4996-51. Claims for such payments from the general relief fund
of any county shall be filed by the county director on behalf of such needy
persons, as other claims against county funds are filed, and the same shall
be paid by the respective county treasurers out of the general relief funds
of their respective counties as other claims against the counties are paid,
but no county director shall file any claim for any recipient except those
which have been previously approved by the public welfare board of
such county.
1937 (40) 496.

§ 4996-57. Administration of relief grants from general relief funds of
counties. — The state department as a condition precedent to any county re-
ceiving a share of state funds provided in section 4996-50 may require
that the assistance or relief grants from the general relief funds of any
such county be administered in accordance with such rules and regula-
tions as are prescribed by the state department, with the approval of the
state board, so that the general principles and policies prescribed in this
chapter in the granting of assistance be observed as far as applicable to
expenditures from the general relief funds of the respective counties.
1937 (40) 496.

Page 105 Public Welfare § 4996-62

ARTICLE 7
General Provisions

4996-58. Temporary department public dents.

welfare turn over funds. 4996-61. State department investigate

1996-59. State department cooperate with certain agencies.

federal government in ad- 4996-62. State department approve char-
ministration of certain wel- ters for charitable organiza-
fare services. tions.

4996-60. Officials and employees resi- 4996-63. Invalidity.

§ 4996-58. Temporary department of public welfare lurn over funds, rec-
ords, etc., to state department — such temporary department abolished — pay-
ment of appropriations. — As soon as practicable after its election and organi-
zation the state board shall notify the temporary department of public wel-
fare that it is prepared to carry out the assistance program in this State,
whereupon the said temporary department of public welfare shall turn
over to the state department all monies, property, records, equipment and
other possessions, and the said temporary department of public welfare
shall be abolished from and after that date. The appropriations provided
for on the first of each month shall not be provided until and unless the
state board certifies to the state treasurer that it has been organized and is
ready to assume the duties and make the payments as provided herein to
needy persons.
1937 (40) 496.

§ 4996-59. State department cooperate with federal government in admin-
istration of certain child welfare services. — The state department shall have
the power to cooperate with the federal government, its agencies or in-
strumentalities in the administration of child welfare services as pro-
vided in title five (5) , part 3, of the Federal Social Security Act relative
to establishing, extending and strengthening services for the protection
and care of homeless, dependent and neglected children and children in
danger of becoming delinquent in predominantly rural areas and other
areas of special need, and to receive and expend all funds made available
to the department by the federal government, the State or its political
subdivisions for such purposes.
1937 (40) 496.

§ 4996-60. Officials and employees residents. — All officials and empoyees
engaged under the provisions of this chapter shall have been residents of
this State for at least one year immediately preceding such employment
or for at least three years out of the preceding five years.
1937 (40) 496.

§ 4996-61. State department investigate certain agencies. — The state de-
partment shall have the authority to make investigations into the admin-
istration and affairs of any institution or agency, public or private, in this
State concerned with the care, custody or training of persons or the han-
dling of problems of delinquency, dependency or defectiveness.
1937 (40) 496.

§ 4996-62. State department approve charters for charitable organizations

§ 4996-62

Civil Code

Page 106

and amendments to such existing charters. — Before issuing a charter for
the incorporation of any charitable organization the secretary of state shall
forward a copy of the petition, together with such other information in
his possession pertaining to the proposed corporation, to the state depart-
ment and no charter for any such corporation shall be issued unless the
state board shall first certify to the secretary of state that it has investi-
gated the merits of the proposed charitable corporation and recommends
the issuance thereof; applications for amendments of any existing charter
shall be similarly referred and shall be granted only upon similar approval.
1937 (40) 496.

§ 4996-63. Invalidity. — It is hereby declared to be the legislative intent
that if any part, section, paragraph, word or phrase of this chapter shall
be held to be unconstitutional the remaining provisions shall be given full
force and effect as completely as if the said part, section, paragraph, word
or phrase so held unconstitutional had not been included herein.
1937 (40) 496.

TITLE 30
Public Health

CHAPTER 121
Health Regulations

Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article

1-A.

3-A.

4-A.

10.

10-A.

10-B.

10-C.

11.

11-A,

11-B.

11-C.

12.

13.

Boards of Health and Health Provisions, § 4997.

Bedding, § 5057-11.

Quarantine of Vessels, § 5058.

Hotels and Restaurants, § 5097.

Tourist Camps and Road Houses, § 5123-1.

Food and Drugs, § 5124.

Milk and Milk Products, § 5129.

Vital Statistics, § 5130.

Public Hospitals and Tuberculosis Camps, § 5136.

Physicians and Surgeons, § 5149.

Pharmacists, § 5168.

Dentists and Dental Hygienists, § 5193.

Registered Nurses, § 5223.

Chiropodists and Chiropody (Podiatry), § 5231-1.

Naturopathy, § 5231-19.

Osteopaths and Osteopathy, § 5231-29.

Opticians and Optometrists, § 5232.

Chiropractors and Chiropractic, § 5250-1.

Hairdressers and Cosmetologists, § 5250-11.

Barbers and Barbering, § 5250-31.

Veterinary Medicine and Surgery, § 5251.

Embalmers, § 5262.

Page 107

Boards of Health and Health Provisions

§ 4997

ARTICLE 1
Boards of Health and Health Provisions

4997 and 4993. State board of health. 5039.

4999 and 5000. Executive committee.

5001. Duties of state board as to epidemic 5040,

diseases.

5002. Promulgation and enforcement of 5042.

rules. 5043.

5002-1. Penalties violate rules. 5043-

5003. Supervision of quarantine.

5004. Enforce vaccination or quarantine. 5044

5005. Protection of livestock industry.

5006. Supervision of state board over lo- 5045.

cal boards.

5007. Registration of vital statistics. 5046.

5008. Promote prevention and cure of 5046

cancer. 5047

5009. Sterilize certain inmates of penal

and charitable institutions.

5010. 5011. State health officer— duties 5050.

and powers. 5051.

5012. Supervision of railway and navi- 5052.

gation companies.

5013. Health officer advise municipal au- 5052

thorities.

5014. Secretary of state board. 5053,

5015. 5016. Boards of health in cities and

towns.

5017. Promulgate rules and regulations. 5055-

5018. Appoint physicians. 5055-

5019. Powers of board.

5020. Inspection of court houses, jails. 5055-

5021. Inspection of schools. 5055

5022. Meetings of board. 5055

5023. Estimate expenses — reports.

5024. Duties of boards. 5056

5025. Powers as to removal or abatement

of nuisance. 5056

5026. Make annual reports. 5056-

5027. Municipal corporations maintain

board of health. 5056

5027-1. Duties of local boards as to quar- 5056-
antine.

5028. Duty of physician. 5056
5028-1. Local boards of health.

5029. Boards of health in unincorporated 5056-

towns not less than 100.

5030. Powers outside incorporated towns.

5031. Physicians and local boards report 5056-

contagious or infectious diseases.

5032. School authorities prevent spread 5056-

of disease.

5033. Prohibit persons with infectious 5057.

disease from teaching. 5057-

5034 thru 5036. School teachers secure

health certificates — form — penal- 5057-
ties.

5037. Municipalities pass ordinances for 5057-

vaccination.

5038. Supervision under state board.

Neglect of municipalities to pass
ordinance.

5041. School children to be vac-
cinated.

Penalties.

Report infants with diseased eyes.
1. Instill prophylactic in baby's eyes
in one hour of birth.

thru 5044-5. Venereal diseases — ex-
amination — treatment — penalties.

Accommodation for prisoners with
tuberculosis.

Transportation of dead bodies.

1. Burying, burning dead animals.

thru 5049-1. Analysis of public wa-
ter supplies and water sheds —
penalties.

Privies.

Sanitary closets in mill villages.

Textile manufacturers install sew-
erage systems.

1. Property owners maintain suit-
able garbage containers.

Real estate developments provide
adequate sewerage disposal con-
nections, etc.

1. Anderson County board of health.
3. File reports with Berkeley Coun-
ty health department.

7. Charleston County health board.

9. Cherokee County health board.

12. Darlington County health de-
partment.

3. Dorchester County board of
health.

5. Florence County board of health.

6. Installation of septic tanks, etc.,
Pawleys Island.

7. Greenville County health officer.

8. License handle garbage, Green-
ville County.

-9. Venereal clinic, Greenville
County.

10. Certain property owners, Green-
ville County, connect with
sewer lines.

11. Not pollute water supply in
Greenville County.

13. Care of indigent patients, Cam-
den hospital.

Newberry County board of health.

2. License handle garbage, Rich-
land County.

3. Spartanburg County board of
health.

4. Venereal clinic, Spartanburg
County.

§ 4997. State board of health— personnel.— The South Carolina Medical
Association, and their successors, in their corporate capacity, together with
the attorney general and comptroller general of the State, and their suc-
cessors in office, are a board of health for the State of South Carolina, to
be known as the state board of health.

§ 4997 Civil Code Page 108

1932 Code, § 4997; Civ. C. '22, § 2308; Civ. C. '12. § 1569; Civ. C. '02, § 1084; G. S.
911; R. S. 956; 1878 (16) 729, §§ 1, 2.

§ 4998. Rights and duties — in general. — Said board is invested with all
the rights and charged with all the duties pertaining to organizations of
like character, and shall be the sole advisor of the State in all questions
involving the protection of the public health within its limits. The board
shall make an annual report to the Legislature on all matters relating to
its action. It shall be the duty of the state board of health, through its rep-
resentatives, to investigate the causes, character and means of preventing
such epidemic and endemic diseases as the State is liable to suffer from;
the influence of climate, location and occupations, habits, drainage, scaven-
gering, water supply, heating and ventilation; and shall make inspection
annually, or oftener if necessary, of the sanitary condition of all institu-
tions provided as state charities or supported at the public expense. They
shall supervise and control the quarantine system of the State, and shall
annually, or oftener if necessary, require reports from the health officer
on such forms as may be prescribed in all matters pertaining to quaran-
tine. They shall also be authorized to establish quarantine both by land
and sea. This quarantine shall not be established except by the advice and
consent of the Governor. The state board of health is required to make all
Wassermann blood tests without charge as in case of other blood tests
now provided for by law.

1932 Code, § 4998; Civ. C. '22, § 2309; Civ. C. '12, § 1570; Civ. C. '02, § 1085; G. S.
912; R. S. 957; 1878 (16) 729, § 3; 1892 (21) § 19; 1916 (29) 958.

§ 4999. Executive committee — appointment and duties. — The said associa-
tion, at its first meeting after the first of January, 1893, and every seven
years thereafter, shall elect seven members, to be recommended to the
Governor, who shall appoint them to cooperate with the state officers
above named, to constitute an executive committee, having power to act
in the intervals of the meetings of the state board of health. This com-
mittee shall make, annually, a detailed report to the state board of health.
Members of this committee shall be removable by and at the pleasure of
the Governor, upon the request of the state board of health, or for neglect
of duty, or other causes set forth by the majority of the members of the
executive committee. Vacancies shall be filled by appointment by the Gov-
ernor, on recommendation of the state board of health, or of the executive
committee when such vacancies occur in the intervals of the meetings of
the association.

1932 Code, § 4999; Civ. C. '22, § 2310; Civ. C. '12, § 1571; Civ. C. '02, § 1086; G. S.
913; R. S. 958; 1878 (16) 729, § 4.

§ 5000. Committee — how to organize — registrar general — control over lo-
cal boards, etc. — The executive committee shall, immediately after their
appointment, proceed to organize by electing a chairman and secretary,
the latter to be ex officio registrar general of the State. They are author-
ized and empowered to divide the State into health districts, and in those
districts in which no boards of health exist they are required to appoint
sub-boards of health, which shall consist of two practicing physicians and
one layman. Local boards of health, established as hereinafter provided,
shall be subject to the supervisory and advisory control of the state board

Page 109 Boards of Health and Health Provisions § 5002

of health, through its executive committee. They shall pass no ordinances,
nor consider any such of force, which are repugnant to the rules and regu-
lations of the state board of health.

1932 Code, § 5000; Civ. C. '22, § 2311; Civ. C. '12, § 1572; Civ. C. '02, § 1087; G. S.
914; R. S. 959; 1878 (16) 729, § 5; 1883 (18) 291; 1885 (19) 319; 1892 (21) 20.

§ 5001. Make certain investigations and inspections. — It shall be the duty
of the state board of health, through its representatives, to investigate the
causes, character and means of preventing such epidemic and endemic
diseases as the State is liable to suffer from; the influence of climate, lo-
calities and occupations, habits, drainage, scavengering, water supply, heat-
ing and ventilation; and shall make inspections annually, or oftener if
necessary, of the sanitary condition of all institutions provided as state
charities or supported at the public expense.

1932 Code, § 5001; Civ. C. '22, § 2312; Civ. C. '12, § 1573; Civ. C. '02, § 1088; G. S.
915; R. S. 667; 1878 (16) 730.

§ 5002. Promulgate and enforce rules for public health. — The executive
committee of the state board of health shall have the power to
make, adopt, promulgate and enforce reasonable rules and regu-
lations from time to time requiring and providing for the thorough
sanitation and disinfection of all passenger cars, sleeping cars, steamboats,
and other vehicles of transportation in this State, and also all convict
camps, penitentiaries, jails, hotels, schools and other places used by or open
to the public; to provide for the care, segregation, and isolation of persons
having or suspected of having any communicable, contagious, or infectious
disease; to regulate the methods of disposition of garbage or sewerage and
any like refuse matter in or near any incorporated town, city, or unin-
corporated town or village of the State, and to abate obnoxious and offen-
sive odors caused or produced by septic tank toilets by prosecution, injunc-
tion or otherwise; to provide for the thorough investigation and study of
the causes of all diseases, epidemics and otherwise in this State, and the
means for the prevention of contagious disease, and the publication and
distribution of such information as may contribute to the preservation of
the public health, and the prevention of disease; to make separate orders
and rules to meet any emergency not provided for by general rules and
regulations, for the purpose of suppressing nuisances dangerous to the
public health and communicable, contagious and infectious diseases and
other danger to the public life and health: provided, however, that nothing
herein contained shall be construed as in any wise limiting any duty,
power, or powers now possessed by or heretofore granted to the said state
board of health, or its executive committee by the statutes of this State, or
as affecting, modifying or repealing any rule or regulation heretofore
adopted by said board. In order to carry out any or all of the provisions of
this section, the state board of health is hereby given the full power and
authority to institute proceedings of condemnation of land or other prop-
erty for the purpose of effectually carrying out the provisions of this sec-
tion. These condemnation proceedings to be brought in the name of the
state board of health in the manner as is now provided by law for the con-
demnation of lands for other purposes. Nothing herein shall in any way
abridge or limit the right of any person, firm or corporation to maintain
or prosecute any proceedings, civil or criminal, against persons, firms, or

§ 5002 Civil Code Page 110

corporations maintaining a nuisance.

1932 Code, § 5002; Civ. C. '22, § 2313; 1912 (27) 744; 1926 (34) 1015.

RULES AND REGULATIONS OF THE STATE BOARD OF HEALTH

(Filed secretary state's office April 24, 1942.)

By virtue of authority of the Constitution of the State of South Carolina, of sec-
tion 5002 of the Civil Code of 1932, of Act No. 132 of 1937, of section 36 of the Gen-
eral Appropriation Act of 1942, of Article 3, Chapter 21, Title 30, page 5099 of the
Civil Code of 1932, the executive committee of the state board of health hereby
promulgates the following rules and regulations superceding all rules and regula-
tions heretofore promulgated.

BUS STATIONS

Section 1. General--All bus stations, including their waiting rooms, lunch rooms,
restaurants, wash rooms, and toilets, shall be kept in a clean and sanitary condition
at all times.

Section 2. Cleaning--All waiting rooms used by the public shall be swept and
dusted daily; and at intervals of not more than seven days the floors shall be scrubbed
with soap and water, and the seats, benches, counters and other woodwork shall be
similarly scrubbed, or shall be rubbed down with a cloth moistened with oil.

Section 3. Sweeping--If sweeping is done while rooms are occupied or open to
occupancy by patrons, the floor shall be first sprinkled with wet sawdust or other
dust-absorbing material.

Section 4. Dusting--If dusting is done while rooms are occupied or open to occu-
pancy by patrons, it shall be done only with cloths moistened with water, oil, or
other dust-absorbing material.

Section 5. Spitting—Spitting on the floors, walls, seats or platforms of stations is
prohibited.

Section 6. Cuspidors--In all waiting rooms where smoking is permitted, an ade-
quate supply of cuspidors shall be provided; such cuspidors shall be cleaned daily,
and oftener if their condition requires.

Section 7. Common cups--Individual drinking cups in sufficient number shall be
supplied in all stations, and the use of common drinking cups is prohibited.

Section 8. Common towels— The supplying of roller towels or other towels for
common use in bus stations is prohibited.

Section 9. Combs and brushes—The supplying of combs and brushes for com-
mon use in bus stations is prohibited.

Section 10. Toilet facilities— All bus stations where tickets are sold shall provide
adequate toilet facilities, of a design approved by the state board of health, for the
use of patrons and employees; and there shall be separate toilets for each of the
two sexes. Adequate toilet facilities shall be as follows: a minimum of one stool for
each ten women or less, and one stool and one urinal for each fifteen men or less.
The number of stools to be determined by the number of buses and the capacity of
the buses arriving at any station within a period of thirty minutes. Where a bus
station is maintained in connection with a filling station separate toilet facilities
shall be provided for the bus station from those maintained for the filling station.

Section 11. Station toilets--If a bus station is located within 300 feet of a public
sewer, water flushing toilets shall be installed and permanently connected with such
sewer, and a wash basin or basins shall be located near the toilet and similarly con-
nected; and such toilets and lavatories shall be kept in repair and in good working
order at all times.

section 12. Care of toilets--All toilets installed as set forth in section 11, shall be
cleaned daily by scrubbing the floors, bowls and seats with soap and water.

Section 13. Odors in toileis--When offensive odors appear in toilets which are not

Page 111 Boards of Health and Health Provisions § 5002

obliterated and removed by cleaning as in section 12, said toilets shall be treated
with a 2 per cent, solution of formaldehyde or other odor-destroying substance.

Section 14. Toilet supplies— Toilet and wash rooms installed as set forth in sec-
tion 11, said toilets shall be constantly furnished with an adequate supply of toilet
paper, soap and free or clean towels.

Section 15. Privies--If no sewer connection is available as set forth in section 11, a
sanitary privy of a design approved by the state board of health shall be maintained
within a reasonable distance from the station. Such privy shall be adequately pro-
tected against the entrance of flies, shall be kept supplied with toilet paper, the seats
shall be kept clean, and the vaults shall be cleaned out and emptied at such inter-
vals as will avoid the development of a nuisance.

Section 16. Water and ice supplies- -water to be certiiied--Water provided by com-
mon carriers for drinking or culinary purposes in bus stations shall be taken from
supplies certified by the United States public health service as meeting the re-
quired standards of purity and safety prescribed by the interstate quarantine regu-
lations of the United States.

Section 17. Ice--Ice used for cooling water provided as in section 11, shall be clean
natural ice, ice made from distilled water, or ice made from water certified as afore-
said; and before the ice is put into the water it shall be washed with water of known
safety, and handled in such a manner as to prevent its becoming contaminated by
the organisms of infectious diseases: provided, that the foregoing shall not apply to
ice that does not come in contact with the water to be cooled.

Section 18. Care of water containers--All water containers where water and ice
are put into same compartment shall be thoroughly cleansed at least once in each
week that they are in use. All water containers and water storage tanks shall be
thoroughly drained and flushed at intervals of not more than one month.

Section 19. Water not usable far drinking--If water which does not conform to
the standards set forth in section 16, of these regulations is available at any tap or
hydrant. In any bus station, a notice shall be maintained on each such tap or hydrant
which shall state "Not fit for drinking."

Section 20. Drinking fountains—If drinking fountains of the bubbling type are
provided in any bus station, they shall be so made that the drinking is from a free
jet projected at an angle to the vertical, and not from a jet that is projected vertic-
ally or that flows through a filled cup or bowl.

Section 21. Refuse cans— At all bus stations where there is an agent, there shall be
provided and maintained an adequate supply of open or automatically closing re-
ceptacles for the disposition of refuse and kept reasonably clean and free from odor.
State laws with reference to restaurants shall apply to all restaurants and lunch
rooms in bus stations.

SANITARY REGULATIONS FOR CAMPS
Section 1. Definition— Camps shall be considered to include all camps and simi-
lar places of temporary abode. Tourist camp, within the meaning of these regulations,
is defined to be a tract or parcel of land with or without buildings or other equip-
ment, private or municipally owned, open to the public and designated to the public
as a tourist camp and set aside for free or pay camping purposes.

Section 2. Camp location and upkeep— Camps shall be located on suitable and
well-drained ground, roads, trails and walks for the use of the public, in connection
with the camp, shall be so guarded or posted as to insure safety. The premises and
equipment shall at all times be kept in a clean and safe condition and free from
vermin. The camp site shall be kept free from noxious weeds such as poison ivy,
ragweed and poison sumac.

Section 3. Water supply-- (a) The water supply for drinking and culinary pur-
poses shall be safe. No supply shall be used until it has been inspected and found
to meet the standards of the state board of health. When water from a public sup-
ply is carried in, clean containers shall be used. (The use of a common drinking cup
is prohibited by State law.)

§ 5002 Civil Code Page 112

(b) Drinking water (wells)— All wells, whether dug, driven point or drilled and
cased, shall be so located, constructed and topped, and the pump so attached as to
prevent pollution of the well water.

(c) No surface spring water shall be used for drinking or preparing foods un-
less amply protected against pollution, and not before it has been inspected, tested
and pronounced safe by the state board of health.

(d) Newly constructed and reconstructed wells, whether drilled or iron pipe
cased with driven point, and pumps, water pressure systems, and new piping,
shall be sterilized and duly tested by an accredited laboratory before use.

(Tests for the purity of water supplies are made free of charge by the state board
of health laboratory, Columbia, South Carolina. Sterile containers can be secured
from the local county health officer.)

Section 4. Toilets--All toilets shall conform to section 5041, Code, 1932, and rules
and regulations of the state board of health.

Section 5. Washing facilities—Hand and clothes washing facilities must be ade-
quate and shall be kept in a sanitary condition at all times.

Section 6. Garbage, rubbish, waste paper, etc.-- (a) Garbage of the camp and tin
cans shall be kept in separate covered containers and buried or otherwise disposed
of without creating a nuisance. The camp shall be kept free from rubbish.

(b) Waste water from washing facilities, kitchen and other buildings or equip-
ment shall be collected and disposed of so as not to form pools on the ground in or
near the camp, nor create a nuisance, nor pollute any drinking water supply.

Section 7. Sleeping and living quarters— (a) Camp owners maintaining or offering
for the use of the public sleeping or living quarters shall meet the requirements
prescribed by this section.

(b) Every such camp building or tent used for sleeping or living quarters shall
have windows or opening so constructed as to admit sunlight. The ventilation shall
be adequate to keep the air in all parts of the living and sleeping quarters clean.

(c) The living and sleeping quarters shall be kept clean and sanitary, and during
the insect season all outside openings shall be effectively screened with 18-mesh
screen wire.

(d) In buildings used for sleeping quarters there shall be at least 225 cubic feet
of air space for every occupant.

(e) Buildings and permanent tents used for sleeping quarters shall be provided
with floors raised above the ground. When bunks are used, they shall be raised at
least twelve inches above the floor.

(f) The floors of all buildings used as living quarters shall be swept daily (dry
sweeping is prohibited) and scrubbed with hot water and soap at least once a week.

(g) Tents provided for living purposes shall be waterproof and trenched for
drainage. The interior shall be kept clean and dry. When used as sleeping quarters,
they shall be equipped with cots or beds.

(h) Bunks, beds and bedding shall be kept clean and free from vermin.

(i) When provided, bedding shall be sufficient; blankets shall be hung out for air-
ing at least once a week.

(j) Clean, fresh pillow slips and bed sheets of sufficient size to completely cover
the mattress and pillow shall be used, and shall be renewed daily, or before being
assigned to another guest.

Section 8. Camp supervision— The owner, caretaker or other person in charge of
the camp shall be responsible for maintaining in good order all sanitary equipment
and for compliance shall make or have made (by a responsible person reporting to
them) frequent inspection of the premises and sanitary equipment for the purpose
of maintaining proper sanitation and compliance with these regulations.

Section 9. Regulations, posting of and camp maintenance-- (a) All tourist camps
located in South Carolina shall be constructed, arranged, and maintained in a man-
ner required in these regulations. These regulations shall be enforced by the local
board of health, or county health department.

Page 113 Boards of Health and Health Provisions § 5002

Section 10. It shall be the duty of all house trailer camp owners or managers to
report immediately to the local health officer all known or suspected cases of com-
municable diseases.

Section 11. Permits—Before any trailer camps, trailer parks or trailer lots are op-
erated, a permit shall be obtained from the county health officer.

Section 12. Violation of these rules and regulations shall be punishable in accord-
ance with section 5CT03 of the Civil Code of 1932 by a fine not exceeding $100.00 or
by imprisonment not exceeding thirty (30) days.

REGULATIONS PERTAINING TO TRAILER CAMPS, TRAILER PARKS.

TRAILER LOTS

The existing regulations pertaining to tourist camps and concerning such items
as camp site, caretaker, general care of camp, water supply, toilet facilities, sewage
and wastes disposal, protection of the purity of public water supplies, preparation
and handling of food, swimming pools, and communicable diseases shall apply to
those places receiving trailer patronage.

Section 1. Camp site--Each site reserved for a trailer coach and car shall be not
less than twenty feet by thirty-five feet, or the equivalent of not less than seven
hundred square feet, and shall be clearly defined by suitable markers at each cor-
ner. The site shall be level, free from rocks and weeds, and well drained. No trailer
coach shall be placed on any site where there is less than ten feet between the
trailer and a building, or another trailer, or less than five feet from the property
line separating from adjoining property, or less than twenty-five feet from a high-
way or street, all measurements from these to be from the nearest point to the
nearest point of such trailer or vehicle. No greater number of trailer parties shall
be allowed than there are camp sites available for.

Section 2. Trailer camp water supply— Water supply shall be obtainable from fau-
cets only, which shall be provided within one hundred feet of any part of the trailer
camp sites. No dipping of receptacles shall be permitted. No drinking vessels shall
be exposed to promiscuous use.

Section 3. Trailer camp toilets--Flush toilets shall be provided in separate com-
partments for each sex, within a distance of two hundred feet from any part of the
trailer camp site, one toilet for each sex accommodated. Toilets shall be distinctly
marked "Men" and "Women" and their location plainly indicated by directional
signs. Pit privies for camps accommodating trailer patronage are not sanctioned.

Section 4. Slop sinks— In every trailer camp or park there shall be provided one or
more flushing slop sinks properly trapped and connected with a sewer, septic tank,
said tanks to be conveniently located at no greater distance than one hundred feet
from any trailer camp site. It is important, for the protection of the water supply,
the slop sinks shall have the water faucets, inclusive of any rubber hose section
that may be attached thereto, placed sufficiently high so that under no circum-
stances shall the point of delivery be beneath the level of any liquid in the sink or
container washed therein. If the flush is operated by a valve of the "flushometer"
type, the form installed must involve an efficient siphon breaker device. Herein all
liquid wastes from trailer coach sinks and toilets shall be deposited. An ample sup-
ply of hot water shall be provided for the efficient cleansing of such receptacles,
and it shall be the duty of the caretaker to see that such cleansing is effected, also
to see that no unnecessary sloppage upon the sides of the fixtures or on the flooring
occurs. The latter should be of some impervious material, cement, and must be kept
scrupulously clean, with frequent application of a disinfectant solution. The windows
and ventilators of the housing for such slop sinks shall be screened, and a self-
closing screen or other door be provided.

Section 5. Use of trailer coach toilets at camp is prohibited— No person shall use
or shall be permitted to use any toilet, whether chemical or otherwise, installed in
any trailer coach, while the latter is parked in any trailer camp, nor shall any sink
waste be discharged upon the ground therein. Buckets or other suitable receptacles
shall be placed in such manner as to receive all liquids which may be discharged

§ 5002 Civil Code Page 114

through any refrigerator drain or sink-pipe while the trailer coach is parked, and
such buckets or receptacles shall not be permitted to overflow.

Section 6. Garbage and rubbish--One or more metal garbage cans with tight-fit-
ting covers, appropriately labeled, shall be provided and conveniently placed for
every six trailer camp sites, or fractional part of this number. All garbage, waste
and rubbish of any kind shall be either burned, buried or removed from the prem-
ises in such a manner as not to create a nuisance and as may be approved by the
board. Incinerators shall be provided for burning combustible rubbish.

Section 7. Sections 10, 11 and 12 of the regulations for camps, shall apply also to
these regulations.

COMMUNICABLE AND OCCUPATIONAL DISEASES

Section 1. Physicians shall report cases of certain diseases (and deaths) from
them Every physician in the State of South Carolina shall report in writing or by an
acknowledged telephone communication to the local health authority where such
exists or where one does not exist, to the state health officer, immediately after his
or her first professional visit, each patient, he or she shall have found suffering, or
suspected to be suffering, with any contagious disease. IF SUCH DISEASE IS OF
A PESTILENTIAL NATURE, HE SHALL ALSO IMMEDIATELY NOTIFY THE
STATE HEALTH OFFICER AT COLUMBIA BY TELEGRAPH OR TELEPHONE
AT STATE EXPENSE. He or she shall report, as required above, every death from
such contagious or pestilential disease immediately after it shall have occurred. The
attending physician is authorized and it is made his duty to place the patient, the
household and the premises under the restrictions as hereinafter provided, for the
management and control of said disease, until such time as the control of said dis-
ease may be assumed by the local or state board of health.

Section 2. Physicians shall report cases of occupational diseases.

Each physician having knowledge of any person whom he believes to be suffering
from any occupational disease shall report the diagnosis of the disease to the state
board of health. The term occupational disease has reference to one which occurs
with definite frequency and regularity in occupations where there is a specific ex-
posure as the cause which operates to produce effects in the human body recog-
nized clinically by the medical profession as pathological changes and effects pro-
duced by the specific exposure involved. The state board of health is authorized to
investigate and to make recommendations for the elimination or prevention of oc-
cupational diseases which shall be reported in accordance with the provisions of
this section. The state board of health is also authorized to study and provide ad-
vice in regard to conditions that may be suspected of causing occupational diseases,
provided information obtained upon investigations made in accordance with the
provisions of this section shall not be admissible as evidence in any action of law
to secure compensation for occupational diseases through common law.

Section 3. Householders, heads of families, etc., shall report contagious diseases.

Every hotel proprietor, keeper of a boarding house or inn, keeper or manager of
tourist, trailer or other camp, and householder or head of a family, in a house
wherein any case of reportable or contagious disease may occur, shall report the
same to the local health authority as early as possible after the time of his or her
first knowledge or suspicion of the nature of the disease, unless previous notice has
been given by the physician in attendance; and in case of quarantinable diseases,
until instructions are received from the said local health authority, shall not permit
any clothing or other articles which may have been exposed to infection to be re-
moved from the house, nor shall any occupant of said house change his residence
elsewhere without the consent of the local health authority.

Section 4. Nurses and midwives shall report redness or inflammation of eyelids
to health authorities.

Whenever any nurse, midwife or other person not a legally qualified practitioner
of medicine shall notice inflammation of the eyes or redness of the lids in a new-
born child under his or her care, it shall be the duty of such person to report the

Page 115 Boards of Health and Health Provisions § 5002

same to the local health authority, or, in his absence, to any reputable physician, as
early as possible after the same is first noticed.

Section 5. The notifiable diseases in South Carolina:

The following diseases, whether contagious, infectious, occupational or otherwise,
are declared to be notifiable in South Carolina, and as such shall be reported to the
proper health authorities as herein provided:

Asiatic cholera, plague, typhus fever (epidemic), yellow fever, mumps, ophthalmia
neonatorium, actinomycosis, acute poliomyelitis, chickenpox, chanchroid, dengue,
diphtheria, dysentery (moebic and bacillary), encephalitis lethargica, favus, German
measles, gonorrhea, glanders, hookworm, influenza, leprosy, malaria, measles, men-
ingitis (meningococcus and tubercular), pellagra, pneumonia (lobar and bronchial),
rabies, Rocky Mountain spotted fever, scarlet fever, septic sore throat, smallpox,
syphilis, tetanus, tuberculosis (all forms). Tularaemia, trachoma, trichinosis, typhoid
fever, typhus fever (endemic), undulant fever, whooping cough.

Anthrax, asbestosis, silicatosis, silicosis, cataract (glass workers), compress air
illness, dermatitis due to irritating oil, cutting compounds or lubricants, chemical
dust, liquids, dyes, fumes, gases, or vapors; lead poisoning, mercury poisoning, car-
bon-monoxide poisoning, carbon tetrachloride and phosgene poisoning, poisoning by
carbon bisulphide, methanol, or volatile haloganated hydrocabons; poisoning by
benzol, or nitro and amido derivatives of benzol (dinitrol-benzol, anilin, and others);
chlorine poisoning, poisoning by sulphric, hydrochloric or hydrofluoric acid; poison-
ing by gasoline, benzine, naphtha, or other volatile petroleum products; poisoning
by refrigerants (methyl chloride ethyl chloride, dichlorethylene, methyl bromide,
ethyl bromide, methylene chloride, methyl formate dichlorodifluoromethane, di-
chlorocethane, monofluoromethane, sulphur dioxide); poisoning by hydrogen fluoride
or nitrous gases.

Section 6.' Local health authorities shall keep records of contagious diseases.
City, town and county health authorities shall keep a careful and accurate record
of all cases of notifiable diseases reported to them, with the name, date, age, sex,
race, location, and such other necessary data as may be prescribed from time to time
by the state board of health. They shall also make a report of all notifiable dis-
eases to the state board of health at such time and on such form as may be required.
WHENEVER SUCH DISEASES ARE OF UNUSUAL INCIDENCE, THEY SHALL
REPORT THESE DISEASES IMMEDIATELY AFTER THEIR FIRST KNOWL-
EDGE OF THEM TO THE STATE BOARD OF HEALTH BY TELEPHONE OR
TELEGRAPH.

Section 7. Rules and regulations relating to quarantine, isolation and other
control measures to be observed by all health authorities.

The report of a committee of the American Public Health Association on the con-
trol of communicable diseases, and approved by the U. S. public health service, and
approved and promulgated from time to time by the executive committee of the
South Carolina state board of health, is adopted as the rules and regulations for the
control of communicable diseases in South Carolina.

These rules for the regulations of quarantine, isolation and disinfection in the
several contagious diseases therein named are to be observed by all boards of health,
health officers, physicians, school superintendents, school trustees and such others as
shall be responsible for the care and regulation of the public health. All health au-
thorities of counties, towns and cities in this State are hereby directed and author-
ized to establish local quarantine, hold in detention, maintain isolation and practice
disinfection, as hereinafter provided for, of all such persons, vehicles or premises
which are infected or suspected of being infected with any of the above contagious
diseases wherever found. Following are some of the rules and regulations abstracted
from the above report:

(a) Cleaning— This term signifies the removal by scrubbing and washing, as with
hot water, soap and washing soda, of organic matter on which and in which bacteria
may find favorable conditions for prolonging life and virulence; also the removal by
the same means of bacteria adherent to surfaces.

§ 5002 Civil Code Page 116

(b) Disinfecting— By disinfecting is meant any process, such as the use of dry or
moist heat, gaseous agents, poisoned food, trapping, etc., by which insects and ani-
mals known to be capable of conveying or transmitting infection may be destroyed.

(c) Disinfection--By this is meant the destroying of the vitality of pathogenic
micro-organisms by chemical or physical means.

(d) Fumigalion--By fumigation is meant a process by which the destruction of
insects, as mosquitoes and body lice, and animals, as rats, is accomplished by the em-
ployment of gaseous agents.

(e) Isolaiion--By isolation is meant the separating of persons suffering from a
communicable disease, or carriers of the infecting microorganism from other per-
sons, in such places and under such conditions as will prevent the direct or indirect
conveyance of the infectious agent to susceptible persons.

(f) Quarantine— By quarantine is meant the limitation of freedom of movement
of persons or animals who have been exposed to communicable disease for a period
of time equal to the longest usual incubation period of the disease to which they
have been exposed.

(g) Renovation— By renovation is meant, in addition to cleansing, such treatment
of the wall, floors, and ceiling of rooms or houses as may be necessary to place the
premises in a satisfactory sanitary condition.

Section 8. Rules and regulations relating to the placarding of houses and prem-
ises.

(a) Upon notice that the following diseases exist within his jurisdiction, it shall be
the duty of the proper health authority to have the houses or premises in which the
disease exists placarded by placing a yellow flag or card of such size and wording as
may be prescribed by the state board of health, at the outside entrance, or entrances
to the house or premises. Persons ill with any of the following diseases shall be iso-
lated for the period of communicability of the diseases, contacts shall be quaran-
tined for the period of maximum incubation for the disease, concurrent and terminal
disinfection shall be practiced as prescribed.

Quarantine placard:

1. Cholera 6. Psittacosis

2. Diphtheria 7. Scarlet fever

3. Measles (in non-epidemic years) 8. Smallpox

4. Plague 9. Typhus fever (epidemic)

5. Poliomyelitis 10. Whooping cough (in sporadic cases)

(b) Upon notice that the following diseases exist within his jurisdiction, it shall
be the duty of the proper health authority to have the houses or premises in which
the disease exists placarded by placing a card of such size and color and wording as
may be prescribed by the state board of health, at the outside entrance or entrances
to the house or premises. Persons suffering from the following diseases shall be iso-
lated and concurrent and terminal disinfection shall be practiced as prescribed. Con-
tacts do not have to be quarantined.

Warning placard:

1. Anthrax.

13.

Meningitis

2. Chickenpox

14.

Mumps

3. Dengue

15.

Paratyphoid fever

4. Dysentery (bacillary)

16.

Pneumonia

5. Encephalitis lethargica

17.

Septic sore throat

6. Favus

18.

Syphilis

7. German measles

19.

Trachoma

8. Glanders

20.

Tuberculosis

9. Gonorrhea

21.

Typhoid fever

10. Influenza

22.

Whooping cough (in epidemic years)

11. Leprosy

23.

Yellow fever.

12. Measles (in epidemic years)

(c) Upon notice that the following diseases exist within his jurisdiction, it shall
be the duty of the proper health authority to make an investigation and institute

Page 117 Boards of Health and Health Provisions § 5002

such control measures as may be necessary. It is not necessary that the house or
premises be placarded, the patient isolated, nor contacts quarantined:

Whenever the disease is of contagious or infectious nature such concurrent and
terminal disinfection shall be practiced as may be necessary to prevent further
spread of the disease.
No placard:

1. Hookworm 7. Trichinosis

2. Actinomycosis 8. Tularaemia

3. Dysentery (amoebic) 9. Malaria

4. Rabies 10. Undulant fever

5. Rocky Mountain spotted fever 11. Typhus fever (endemic)

6. Tetanus 12. Cancer.
Section 9. Placards shall not be destroyed or removed.

No person or persons shall alter, deface, remove, destroy, or tear down any card
posted by any health authority. The occupant or person having possession or control
of buildings or premises upon which a quarantine or other health notice has been
placed shall, within twenty-four hours after destruction or removal of such by other
than the proper authorities, notify the local health authority of such destruction or
removal.

Section 10. Health authorities are to assume control of quarantine, isolation, and
other control measures.

In all incorporated cities and towns the municipal health authorities shall assume
control and management of contagious diseases and exposures and shall see that
quarantine, isolation and other control measures as herein provided are carried out.
In those portions of all counties in this State outside of incorporated cities and towns,
the county or district health department shall assume management and control of
contagious diseases and exposures and shall see that quarantine, isolation and other
control measures as herein provided are carried out.

Section 11. Health authorities may pass through quarantine lines.

All health authorities shall have the privilege and shall be allowed to pass through
all quarantine lines, whether instituted at the instance of the State or local author-
ities, they first requesting permission and acquainting the officers or guards with
the fact of their being properly authorized health officers, and with the assurance
on their part that they understand the nature of the disease that they are visiting,
and, will take proper precautions as provided herein against carrying the infection
themselves.

Section 12. Persons forbidden going to or leaving contagious disease premises.

After the house or premises containing a contagious disease is flagged or plac-
arded, all persons except the attending physician or the authorized health officer
are forbidden going in or leaving the premises, except as hereinafter provided for,
and the carrying off or causing to be carried off, of any object or material whereby
such disease may be conveyed, is prohibited.

Section 13. Persons affected with or exposed to contagious diseases shall obey
health authorities.

It shall be the duty of all persons affected with any contagious or infectious dis-
ease or who from exposure to contagion from such disease, may be liable to endan-
ger others who may come in contact with them, to strictly observe such instructions
as are given them by any health authority of the State in order to prevent the spread
of such disease; and it shall be lawful for such authorities to command any persons
thus affected or exposed to infection to remain within designated premises for such
length of time as herein provided, for the several contagious and infectious diseases.

Section 14. Travel of persons with contagious diseases.

All persons having any of the following contagious diseases are prohibited from
riding upon any public vehicle or conveyance except upon the written approval of
and/or according to regulations prescribed by the state health officer. They are also
prohibited from being upon public thoroughfares of the State except in private con-
veyance, which shall make no unnecessary stops between the point of departure

§ 5002 Civil Code Page 118

and the destination of the patient. They are prohibited from attending any public
assemblages or public places:

Acute poliomyelitis Chickenpox

Asiatic cholera Dengue

Diphtheria Smallpox

Influenza Rabies

Measles Trachoma

Meningococci meningitis Typhoid fever

Mumps Parathyphoid fever

Plague Pulmonary tuberculosis (active)

Pneumonia Typhus fever (epidemic)

Scarlet fever Yellow fever

Septic sore throat Whooping cough

Section 15. Children with contagious diseases shall not attend school.

No superintendent, principal, or teacher of any school; and no parent, master or
guardian of any child or minor having the power and authority to permit any such
child or minor having any contagious or infectious disease requiring isolation or any
other disease in a communicable stage but not requiring isolation to attend any pri-
vate, parochial, church or Sunday school until the requirements of these rules and
regulations as to the disease or diseases in question have been complied with after
their recovery. They shall not be permitted to enter school except upon the written
certificate of the attending physician or of the local health officer stating that the
child has recovered and is non-infectious.

Section 16. Superintendents of schools to be notified of contagious disease.

The local health authority shall notify the superintendent or principal of any school
of the locations of quarantinable diseases, and if the superintendent or principal
finds any attendance in school from such places except as strictly provided for here-
in, he shall deny them admission to the said schools, and admit them only upon the
written certificate of the attending physician or local health authority that there is
no danger of infection from them.

Section 17. Household contacts of contagious disease in relation to school at-
tendance.

Children coming from a house in which contagious disease exists, but not suffer-
ing from said contagious disease, may attend school upon the written certificate of
the attending physician, or local health authority, stating that the child has not been
exposed to the disease for maximum incubation of the disease, and that the patient
is in isolation; or that they are immune to the disease and are not carriers of said
disease.

Sectin 18. Persons with trachoma or acute infectious conjuctivitis excluded from
school.

Persons afflicted with trachoma, granulated lids or acute infectious conjuctivitis
shall be excluded from schools, public assemblages and from close association with
other individuals, unless they are under the constant care and strict supervision of
a competent physician, and hold a certificate from said physician stating that active
inflammation has subsided and that danger of infection no longer exists.

Section 19. Minor diseases to be excluded from school.

Those actually suffering from acute tonsilitis, scabies, lice, ringworm and im-
petigo contagiosa shall be excluded from school during such illness and be read-
mitted only on the certificate of the attending physician or local health authority,
attesting to their recovery and non-infectiousness.

Section 20. Health authorities to investigate reported cases.

Whenever the local health authority is informed or has reason to suspect that
there is a case of contagious reportable disease within his territory, he shall imme-
diately examine into the facts of the case and shall adopt the control regulations
applicable to such diseases as provided herein.

Section 21. Premises occupied by persons with contagious diseases to be ren-
dered non-infectious.

No person shall offer for hire or cause or permit any one to occupy premises,

Page 119 Boards of Health and Health Provisions § 5002

houses or apartments previously occupied by a person ill with any contagious or in-
fectious communicable disease, or any other disease of communicable nature until
such premises, houses or apartments shall have been rendered non-infectious accord-
ing to the rules herein provided under the supervision of the local health authority.

Section 22. Premises not rendered non-infectious shall be placarded.

Whenever these rules and regulations, or whenever the order of the local health
authority requiring the disinfection or fumigation of apartments, premises, or ar-
ticles shall not be complied with, or in case of delay, the local health authority shall
forthwith cause to be placed upon the outside entrance or entrances a placard as
follows:

"These apartments have been occupied by a patient or patients suffering with a
contagious disease and they may have become infected. They must not be again
occupied until my orders directing the renovation and disinfection of the same have
been complied with. This notice must not be removed under penalty of law, except
by an authorized official."

Section 23. Persons suffering from reportable diseases shall not work where food
products are produced.

No person suffering with any reportable disease or who resides in a house in which
there exists a case of smallpox, scarlet fever, diphtheria, dysentery, or typhoid fever
shall work, or be permitted in or about any dairy or any establishment for the
manufacture of food products until the local health authority has given such a per-
son a written certificate to the effect that no danger to the public will result from
his or her employment or presence in such establishment.

Section 24. These rules and regulations not to prevent local laws.

Nothing contained in these rules and regulations shall be construed to prevent
any city, town or county from making such health laws as they may think neces-
sary for the preservation of public health; provided that the said laws be not in-
consistent with the laws as herein laid down by the state board of health. And it
shall be the duty of the local health authority to at once furnish the state board of
health with a copy of the proposed law or laws for the approval of the executive
committee of the state board of health before they shall become law.

Section 25. The following are declared threshold limits for the designated toxic
materials.

No person, firm, corporation or other employer shall use or permit to be used in
the conduct of his business, manufacturing establishment or other place of employ-
ment, any process, material or condition known to have an adverse effect on health,
unless arrangements have been made to maintain the occupational environment in
such a manner that injury to health shall not result.

Exposure to dust, fumes, mists, vapors, gases or any material that may affect
health shall be kept below the following threshold limits.

Material Concentrated

Benzene (benzol) 100 parts per million

Carbon tetrachloride 100 parts per million

Carbon monoxide _ 100 parts per million

Chlorine _ 1 part per million

Formaldehyde 20 parts per million

Gasoline 1000 parts per million

Hydrogen cyanide 20 parts per million

Hydrogen chloride 10 parts per million

Hydrogen fluoride — 3 parts per million

Hydrogen sulfiide 20 parts per million

Lead 1.5 mgrs. per 10 cubic meters

Methanol 100 parts per million

Nitrogen oxides 40 parts per million

Phosgene 1 part per million

Sulfur dioxide 10 parts per million

Turpentine 700 parts per million

Carbon disulfide 20 parts per million

§ 5002 Civil Code Page 120

Exposure to other materials not included shall be kept below injurious concen-
trations.

Dust of other mineralogical composition shall be kept below concentrations which
will be stipulated depending on the nature of the dust.

REGULATIONS OF THE SOUTH CAROLINA STATE BOARD OF HEALTH
FOR THE PREVENTION AND SPREAD OF VENEREAL DISEASES

(Filed Secretary of State's office April 24, 1942.)

Under and by virtue of Sec. 5 of an Act Relating to Venereal Diseases, approved
February 14, 1919, being Act 17, page 30, Acts of 1919, XXXI Statutes at Large 30,
the following rules and regulations are hereby adopted and ordered to be properly
promulgated by the state board of health of South Carolina:

Section 1. Syphilis, gonorrhea, granuloma inguinale, lymphogranuloma vene-
reum, and chancroid, hereinafter designated venereal diseases, are hereby declared
to be contagious, infectious, communicable and dangerous to the public health.

Section 2. Any physician or other person who makes a diagnosis in, or treats a
case of syphilis, gonorrhea, granuloma inguinale, lymphogranuloma venereum, or
chancroid, shall report the same as hereinafter provided, and any superintendent, or
manager of a hospital dispensary, or jail, or charitable or penal institution or other
like place of detention, in which there is a case of venereal disease shall imme-
diately segregate the same and shall report such case immediately in writing to the
local health officer, stating the name or the case serial number, address, age, sex,
color and occupation of the diseased person, the date of the onset of the disease,
and the probable source of the infection. (In cases of syphilis, also the probable stage
of the disease). Furthermore, such reports shall be made upon forms prescribed and
furnished by the state board of health, which shall include window envelopes for
purposes of secrecy en route, and the local health officer shall, in turn, promptly
forward records of such cases to the state board of health at such times and upon
such forms as shall be designated by the said state board of health, provided, how-
ever, that all cases occurring in counties not having local health officers shall be
reported immediately by the attending physician to the state board of health direct.

Section 3. State, county and municipal health officers, in their respective jurisdic-
tions, are hereby directed and empowered when in their judgment it is necessary,
to protect the public health, to make examination of persons being or suspected of
being infected with venereal diseases, to require persons infected with venereal
diseases to report for and submit to adequate courses of treatment until rendered
non-infectious, or to submit to such adequate treatment provided at public expense,
and to isolate persons infected or reasonably suspected of being infected with ve-
nereal disease, and the term "adequate treatment'' shall be taken to mean any plan
of treatment carried out over a sufficient period of time which in the opinion of the
physician, is capable of rendering the patient non-infectious so far as that particu-
lar attack of the given disease is concerned.

Section 4. All persons who shall be confined or imprisoned in any State, county or
city prison or other like place of detention of this State shall be examined and
treated for venereal disease by the health authorities or their deputies, without
pay, or by other physicians who may be employed by the respective county authori-
ties for such duties. The State, county and municipal boards of health shall have
authority to take over such portion of any State, county or city prison or other like
place of detention, as may be necessary for a board of health hospital, wherein all
persons who shall have been confined or imprisoned and who are suffering with ve-
nereal disease at the time of the expiration of their terms of imprisonment, shall be
isolated and treated at public expense until rendered non-infectious, or in lieu of
such isolation such person may, in the discretion of the board of health, be re-
quired to report for treatment to a licensed physician or medical health officer, or
submit to treatment provided at public expense until adjudged by the attending
physician as being permanently non-infectious.

Section 5. It shall be the duty of every physician and of every other person who
examines or treats a person having syphilis, gonorrhea, granuloma inguinale, lym-

Page 121 Boards of Health and Health Provisions § 5002

phogranuloma venereum, or chancroid, to instruct him in measures for preventing
the spread of such disease, and of the necessity for treatment until adjudged by him
to be permanently non-infectious, and to hand him a copy of the circular of informa-
tion obtainable for this purpose from the state board of health.

Section 6. Upon receipt of a report of a case of venereal disease it shall be the
duty of the local health officer to institute measures for the protection of other per-
sons from infection by such venereally infected persons.

(a) Local health officers are authorized and directed to quarantine persons who
have or are reasonably suspected of having syphilis, gonorrhea, granuloma in-
guinale, lymphogranuloma venereum, or chancroid, whenever, in the opinion of the
said local health officer, or state board of health or its secretary, quarantine is nec-
essary for the protection of the public health. In establishing quarantine the health
officer shall designate, and define the limits of the area in which the person known
to have, or reasonably suspected of having syphilis, gonorrhea, granuloma inguinale,
lymphogranuloma venereum, or chancroid, and his immediate attendant, are to be
quarantined, and no person, other than the attending physician, shall enter or leave
the area of quarantine without the permission of the local health officer.

No one but the local health officer shall terminate said quarantine, and this shall
not be done until the diseased person has become non-infectious as determined by
the local health officer or his authorized deputy through clinical examination and all
laboratory tests, or until permission has been given him so to do by the state board
of health or its secretary.

(b) The local health officer shall inform all persons who are about to be released
from quarantine for venereal disease, in case they are not rendered non-infectious,
what further treatment should be taken to complete their necessary clinical man-
agement. Any person not rendered non-infectious before he is released from quar-
antine shall be required to sign the following statement after the blank spaces have
been filled to the satisfaction of the health officer.

I. , residing at

hereby acknowledge the fact that I am at this time infected with

and agree to place myself under the general medical care of..

(Name of Physician or Clinic)

Address , within

hours, and that I will remain under treatment of said physician or clinic until re-
leased by the health officer of _ or until my case is transferred

with the approval of said health officer to another regularly licensed physician or
approved clinic.

I hereby agree to report to the health officer within four days after the beginning
of treatment as above agreed, and will bring with me a statement from the above
physician or clinic of the medical treatment applied in my case, and thereafter will
report as often as may be demanded of me by the health officer.

No one but the local health officer shall terminate said quarantine, and this shall
not be done until the diseased person has become non-infectious as determined by
the local health officer or his authorized deputy through clinical examination and
all laboratory tests, or until permission has been given him so to do by the state
board of health or its secretary.

I agree, further, that I will take all precautions recommended by the health officer
to prevent the spread of the above disease or diseases to other persons and that I
will not perform any act which would expose other persons to the above disease or
diseases

I agree, until finally released by the health officer, to notify him of any change of
address and to obtain his consent before moving my abode outside his jurisdiction.

(Signature)

(Date)

All persons signing the above agreement shall observe its provisions, and any
failure to do so shall be a violation of these regulations. All such agreements shall

§ 5002 Civil Code Page 122

be filed with the health officer and kept inaccessible to the public as provided in
rule 10.

Section 7. Druggists forbidden to prescribe for venereal diseases.

No druggist or other person not a physician licensed under the laws of the State
shall prescribe or recommend to any person any drugs, medicines, or other sub-
stances to be used for the cure or alleviation of syphilis, gonorrhea, granuloma in-
guinale, lymphogranuloma venereum, chancroid, or shall compound any drug or
medicine for said purpose from any written formula or order not written for the
person for whom the drugs or medicines are compounded and not signed by a physi-
cian licensed under the laws of the State.

Section 8. Spread of venereal diseases unlawful.

It shall be a violation of these regulations for any infected person knowingly to
expose another person to infection with any of the said venereal diseases, or for
any person to perform any act which exposes another person to infection with ve-
nereal disease.

Section 9. Giving certificates of freedom from venereal diseases prohibited.

Physicians, health officers, and all other persons are prohibited from issuing cer-
tificates of freedom from venereal disease, provided this rule shall not prevent the
issuance of necessary statements of freedom from infectious diseases written in such
form, or given under such safeguards, that their use in solicitation for sexual in-
tercourse would be impossible.

Section 10. Records to be secret.

All information and reports concerning persons infected with venereal diseases
shall be inaccessible to the public except in so far as publicity may attend the per-
formance of the duties imposed by these regulations and by the laws of the State.
JAILS AND OTHER PENAL INSTITUTIONS

Section 1: VENTILATION. All jails and other penal institutions in South Carolina
must be properly ventilated. A minimum of 500 cubic feet of air space must be pro-
vided for each prisoner for his sleeping room, and proper provisions must be made
so that this air be changed so as to provide 3,000 cubic feet per hour for each
prisoner.

Section 11: HEAT AND LIGHTING. All jails and other penal institutions in
South Carolina must be properly heated and properly lighted.

Section 111: FLOORS, WALLS AND BEDDING. The floors of each jail where
prisoners are confined, and each cell of the penitentiary must be cleaned daily. The
walls must be kalsomined or whitewashed at least once annually. Clean bedding
must be furnished in jails and other penal institutions in South Carolina.

Section IV: WATER CLOSETS. Proper water closets with adequate plumbing
must be provided in all jails and the penitentiary in incorporated towns having
waterworks and sewerage. These must be provided with covers and kept in a sani-
tary condition.

Section V: SCREENING. The windows and doors of all jails and penal institu-
tions in South Carolina must be properly screened with 16-inch mesh wire.

Section VI: WATER SUPPLY. Pure water in sufficient amount for drinking and
bathing purposes must be furnished in every jail and other penal institution in
South Carolina.

Section VI 1: ISOLATION OF CONTAGIOUS DISEASE. Prisoners suffering with
the following contagious diseases must be isolated from the rest of the prisoners
and a suitable isolation ward or room must be provided in all jails and penal insti-
tutions for tuberculosis, smallpoz, diphtheria, scarlet fever, mumps, measles, whoop-
ing cough, scabies or itch, leprosy and other diseases designated as contagious by
the state board of health.

Section Vlll: EXAMINATION OF PRISONERS UPON ADMISSION. All pris-
oners admitted to any jail or other penal institutions in South Carolina must be
examined within twenty-four hours after admission to determine whether they
are suffering from any contagious disease.

Section IX: BATH ON ENTRANCE. All prisoners admitted to any jail and other

Page 123 Boards of Health and Health Provisions § 5002

penal institutions in South Carolina must be required to bathe all over and be
provided with clothing until the clothes worn on admission have been properly
disinfected and made free from vermin, should such vermin be present when the
prisoners are admitted.

Section X: PROPER DIET FOR PRISONERS. All prisoners admitted to any jail
and other penal institutions in South Carolina must be furnished with sufficient
wholesome food, this food to be subject to inspection from time to time by the
state health officer or other agent of the state board of health.

Section XI: Every room or cell occupied by any patient prisoner suffering with a
communicable disease, when vacated, shall be disinfected.

Section Xll: Cooking and eating apartments shall follow the same rules as those
prescribed for restaurants and hotels.

MEAT MARKETS

Section 1: In every meat market each room wherein meat is handled or stored
shall be completely screened at doors, windows and other openings with wire gauze,
18-mesh per inch in either direction, and such gauze shall be at all times kept in
perfect repair.

Section 11: The floors of every meat market shall be kept in a clean and sanitary
condition at all times. The use of clean pine sawdust is permitted on the floors, pro-
vided it is changed every other day.

Section 111: Chopping blocks shall be scraped daily and counters must be thor-
oughly scoured; all knives, saws, and other implements must be scalded and washed
thoroughly each day, and maintained at all times in clean condition.

Section IV: All meat that has become tainted or attacked by putrefactive bacteria
shall be removed from the premises at once or destroyed, and shall not be stored in
any ice box or refrigerator.

Section V: All ice boxes and refrigerators shall be kept clean at all times.

Section VI: There shall be provided for the use of all employees a wash sink or
lavatory, which shall be provided with or in connection to the urinals and water
closets, with an abundance of towels, water and soap, and all employees shall wash
their hands before handling any meat, and after each visit to the toilet.

Section VI 1: All dealers in foodstuffs, such as milk, meat, fish, or poultry shall not
expose or exhibit the same on any sidewalk or alley in the State of South Caro-
lina; but all such food intended for human consumption and offered for sale shall
at all times be kept free from contamination by dust, dirt, insects, cats, dogs or other
animals.

Section VI 11: All dealers in foodstuffs, whether to be eaten raw or cooked, such as
vegetables, fruits, candies, cakes, confections, etc., shall at all times keep them in
such a manner that will be free from dust, dirt, flies, insects, cats, dogs or other
domestic animals.

Section IX: No person shall be employed in any market while afflicted with any
communicable disease.

Section X: All markets shall be provided with containers of such construction and
dimensions for the reception of all garbage, refuse, offal, decaying vegetables, and
they shall be water-tight, made of galvanized iron, or tight-matched lumber, and
provided with a suitable cover, which must be kept properly adjusted at all times,
so as to protect the contents from flies, insects, rats and animals, or vermin. All
garbage or refuse contents must be emptied at least once every forty-eight hours.

RULES AND REGULATIONS FOR HOTELS AND RESTAURANTS
Section 1. Definitions: Hotel: For the purpose of interpreting and enforcing
these regulations the term "hotels" shall be construed to mean and include any place
where sleeping is available to transients, whether such establishment be known as,
or held to be, a hotel, inn, tavern, resort, tourist home, tourist camp, apartment, club,
boarding house, or by other like term, and regardless of the number of rooms,
suites, or cabins available. Provided, however, that the term shall not be construed

§ 5002 Civil Code Page 124

as to include apartments, clubs, boarding houses, rooming houses, or portions there-
of, where single night accommodations are not available to transients.

Transient Guest: The term "transient guest" within the meaning of these regula-
tions, shall mean any person who is provided with lodging for a period of less than
one week at such hotel.

Employee: The term "employee" within the meaning of these regulations shall
mean any person who is employed in maid service or porter service.

Health Officer: The term "health officer" within the meaning of these regulations
shall mean the health authority of the cities, and /or the counties, and/or the State, or
his authorized representative.

Person: The term "person" shall mean person, firm, corporation or association.

Section 11: Employees: All employees shall wear clean outer garments and shall
keep their hands clean at all times while engaged in the handling of bed clothing or
equipment. Before any owner or manager of any hotel shall receive in his employ
any porter, maid, or other employee, he shall require a health card showing that
such employee has stood a physical examination by a reputable physician and that
such porter, maid, or other employee is free from all infectious and contagious dis-
eases and is in sound health The applicant shall not reside in a home where there
is a contagious or infectious disease.

Section 111: Notification of disease: Notice shall be sent to the health officer imme-
diately by the hotel owner, proprietor, manager or operator, or by the employee con-
cerned if he or any employee contracts any infectious, contagious, or communicable
disease, or has a fever, a skin eruption, a cough lasting more than 3 weeks, or any
other suspicious symptom. It shall be the duty of any such employee to notify the
hotel owner, proprietor, manager, or operator immediately when any of said condi-
tions obtain, and if neither the manager nor the employee concerned notifies the
health officer immediately when any of said conditions obtain they shall be held
jointly and severally to have violated this section. A placard containing this sec-
tion shall be posted in all toilet rooms and privies serving hotels.

Section IV: Procedure when infection suspected: When suspicion arises as to the
possibility of transmission of infection from any hotel .employee the health officer is
authorized to require any or all of the following measures: (1) The immediate exclu-
sion of the employee from all hotels; (2) the immediate closing of the hotel con-
cerned until no further danger of disease outbi'eak exists, in the opinion of the
health officer; (3) adequate medical examinations of the employee and of his asso-
ciates, with such laboratory examinations as may be indicated.

Section V: Disinfection, fumigation and airing of rooms: Every room, after being
occupied by anyone known or suspected to be suffering from any contagious, or in-
fectious communicable disease, or any other disease of a communicable nature, shall
be rendered non-infectious according to the rules and regulations prescribed by the
state board of health, before further occupancy.

Section VI: Stairways--fire escapes: All hotels hereafter constructed in this State
which are two stories in height and not over one hundred feet in length, shall be
constructed so that there shall be at least two stairs for the use of guests leading
from the ground floor to the uppermost story, and for larger buildings such number
as the state insurance commissioner shall designate. Every hotel in this State over
two stories in height shall be provided, without delay, with permanent iron bal-
conies with iron stairs leading from one balcony to the other, above the ground
floor, and with stairway or ladder extending to the ground, in case such hotel is not
over one hundred and fifty feet in length, and in other cases such number as may
be directed by the state insurance commissioner or agent: provided, that where said
hotels already built which are, in the opinion of the state insurance commissioner or
agent, provided with sufficient inner stairways, so located as to furnish sufficient
egress in case of fire, the aforesaid official may waive the requirement for outside
iron balconies and stairs. Such balconies and iron stairs shall be constructed at the
expense of the owner of said hotel.

Section VI 1: Directions for reaching fire escapes: In every hotel having fire es-

Page 125 Boards of Health and Health Provisions § 5002

capes, directions for reaching the fire escapes shall be kept posted at the entrance of
stairways, elevator shafts, and in each bedroom above the ground floor. From eight
o'clock in the evening until six o'clock in the morning the location and direction of
the fire escapes shall be indicated by red lights.

Section Vlll: Exits from inside courts: The owner or proprietor of every hotel now
existing or hereafter constructed with an inside court or light well enclosed on all
sides and with sleeping rooms or lodging apartments, the only windows of which
open upon or into such court or light well, shall provide escape from such inside
court or light well through room or rooms, or otherwise, on a level with the lowest
floor to which the light well extends.

Section IX: Fire extinguishers to be provided: Every hotel shall provide each floor
with one or more fire extinguishers of a type approved by the National Board of
Fire Underwriters, which shall be kept in good working order at all times, with
operating instructions clearly printed thereon. Every floor shall have at least one ef-
ficient fire extinguisher in every fifteen hundred square feet of floor area. Each ex-
tinguisher shall be kept efficient by being refilled as often as required by the manu-
facturers of the extinguisher, and a tag attached to the extinguisher showing date
of last refill.

Section X: Water supplies: Where private water supplies are installed to serve
hotels where public systems are not available, those systems shall be constructed
and installed in accordance with the laws of the State of South Carolina and/or
rules and regulations of the state board of health. All hotel rooms that are not
equipped with water under pressure and a lavatory shall be provided with a water
pitcher and basin.

Section XI: Analysis of water: A sample of water used in every hotel except in
cases where the water is derived from such public water supply, shall be sent by
the owner, proprietor, manager or operator to the state board of health hygienic
laboratory for analysis at least every three to six months, with a certificate that it is
the water used in such hotel, and if the sample is found by such analysis to be unfit
for the use that is made of the water in the hotel, the further use of such water
shall be discontinued until permission is granted by the state board of health to re-
sume the use of such water.

Section XI 1: Sewage disposal: In all cities, towns or villages where a system of
waterworks and sewerage is maintained for public use, every hotel therein accessible
to water main and sewer main shall be equipped, within six months after the pas-
sage of these regulations, with suitable water closets for the accommodation of its
guests and/or employees, which water closets shall be connected and trapped by
proper plumbing with such water and sewerage systems. The wash bowls in the
washrooms of such hotel must be connected and trapped in similar manner, both as
to method and time; all such equipment to be paid for by the owner.

Where sewage disposal systems are installed to serve hotels, where public sys-
tems are not available, these systems shall be constructed and installed in accordance
with the laws of the State of South Carolina and/or rules and regulations of the
state board of health.

In all towns and villages not having a public sewerage system, and for those ho-
tels and restaurants where an approved private water carriage sewerage system is
not in operation, there shall be installed properly constructed privies as approved
by the state board of health, the same to be kept in a sanitary condition at all times.

Section XIII: Fly screens: The owner, proprietor, manager, or operator of every
hotel shall at all times keep the outside doors, and windows screened. Every hotel
must have all bedroom windows screened for protection against flies, mosquitoes,
and other insects with 16 gauge mesh wire, and it shall be the duty of the owner,
proprietor, manager, or operator of every hotel to use such other means as fly paper,
flytraps, fly-repellant fans, etc., as may be necessary to keep the hotel reasonably
free from flies.

Section XIV: Cisterns and tanks: The owner, proprietor, manager, or operator of

§ 5002 Civil Code Page 126

every hotel shall keep all cisterns, tanks and other receptacles containing standing
water screened with 16 gauge mesh wire, or otherwise so covered as to prevent the
entrance of flies, mosquitoes, and other disease carrying insects. The term "standing
water" as used in these regulations shall mean that which remains for seven days
or more in a cistern, tank, or other receptacle.

Section XV: Disposal of garbage and other wastes: Proper disposition shall be
made of all wastes. All garbage shall be kept in water tight covered containers and
protected from flies, rodents, and domestic animals. These containers shall be emp-
tied and thoroughly cleaned at least once daily. They shall be on a platform at
least six inches above the ground and the platform so constructed as to facilitate
proper cleaning, aeration, etc.

Section XVI: Heating, lighting, ventilation: Every hotel shall be provided with
adequate heating facilities. Every hotel shall be well lighted and ventilated- All
toilets and washrooms of all hotels shall be provided with adequate light. The toil-
ets and washrooms of all hotels shall be properly ventilated.

Section XVI 1: Premises sanitary: Every hotel shall at all times be kept free from
filth and rubbish in or on the premises belonging to or connected with the same.
Every hotel shall be free of breeding places of flies, mosquitoes and rodents.

Section XVI 11: Hotels to post rates: Every hotel shall keep posted in a conspicuous
place in the office a list of its charges for rooms, with or without meals, in accord-
ance with the plan or plans on which the hotel is operated, giving the exact tran-
sient rate, and shall also keep posted in each room the rate for that room with or
without meals, in accordance with its plans as stated above, giving the transient
rate per day and week, and the rate for each person in the room; also the fractional
part of a day: provided, no hotel shall charge a higher rate for a fractional part of
a day than for a whole day.

Section XIX: Bedding: The mattresses, pillows, bed coverings, and sheets used in
all hotels shall be whole, in good repair and clean, and they shall be stored in clean
places. All hotels shall hereafter provide each bed, bunk, cot or other sleeping place
for the use of guests with pillow slips, under and top sheets to be of sufficient width
to cover the mattress thereof, and to be at least ninety (90) inches long. All pillow
slips and sheets shall be laundered after being used by one guest and a clean set
furnished each succeeding guest.

Section XX: Bedding to be clean and free of vermin: All beds, bedclothing, mat-
tresses, pillows, shades, curtains, carpets, and furniture shall always be kept clean
and in good repair, stored in clean places, and be kept free of vermin.

Section XXI: Floors, walls and ceilings: The floors of all hotel rooms shall be of
such construction as to be easily cleaned, shall be smooth, and shall be kept clean
and in good repair. No sawdust shall be allowed on floors. The walls and ceiling of
all hotel rooms shall be of a finish that will permit easy ceaning, shall be kept clean
and in good repair.

Section XXI 1: Lavatory facilities: Adequate and convenient handwashing facilities
shall be provided in all hotels, including running water, soap, and approved sanitary
towels. Each hotel guest shall be furnished with a clean towel and individual soap,
and the use of roller or other towels used in common is hereby prohibited in all
hotels. All towels and bath mats shall be laundered after having been used by one
guest and a clean set furnished each succeeding guest.

Section XXI 11: Permits: It shall be unlawful for any person to operate a hotel in
the State of South Carolina, who does not possess an unrevoked permit from the
health officer and in whose place of business such permit is not posted in a conspic-
uous place. This section shall apply to temporary or itinerant as well as to perma-
nently established places of business. Only persons who comply with the require-
ments of these regulations shall be entitled to receive and retain such a permit.

Such a permit may be revoked by the health officer upon the violation by the
holder of any of the terms of these regulations, or at any time when in the judg-
ment of the health officer the hotel has become a public-health menace, provided that
the holder of said permit shall, after complying with such revocation, have the right

Page 127 Boards of Health and Health Provisions § 5002

of appeal to the board of health.

Section XXIV: Compliance wilh requirements: It shall be the duty of the health
officer upon ascertaining by inspection or otherwise that any hotel is being operated
contrary to any of the provisions of these regulations, to notify the manager or pro-
prietor in what respect it fails to comply with the law, and require such person
within a reasonable time to do, or to cause to be done, the things necessary to make
it comply with the law; whereupon such proprietor or manager shall forthwith com-
ply with such requirements. P?-ovided that, whenever any provision for these regula-
tions and/or the rules and regulations of the state health officer is found to be so
grossly violated as to endanger the health of patrons of a hotel, the health officer
may order the immediate and complete closure of such establishment in addition to
revoking and declining to issue a permit for its operation. It shall be unlawful for
any person to offer or provide sleeping accommodations to the public in such closed
establishment until the conditions responsible for its closure have been corrected to
the satisfaction of the health officer.

Section XXV: Inspection: For the purpose of carrying out the provisions of these
regulations the state health officer is authorized and required to have inspected, by
his designated inspectors, all hotels in the State at least once a year. If, upon inspec-
tion of any hotel it shall be found that this law has been fully complied with, the
secretary of the state board of health shall issue a certificate to that effect to the
person operating the same, and such certificate shall be kept posted in plain view
in some conspicuous place in said hotel.

Section XXVI: Report of inspectors: The health officer shall, after inspection,
make a report of the conditions of the hotel inspected upon blanks to be provided
by the state board of health showing in detail the condition of the hotel with refer-
ence to compliance with this law, which report shall be filed in the office of the
health officer, and a copy of which report shall be filed with the manager or
operator of the hotel.

Section XXVI 1: Powers of inspectors: The health officer is hereby empowered and
authorized to enter any hotel at all reasonable hours to make such inspection; and
it is hereby made the duty of any person in the management or control of such hotel
to afford free access to every part of the hotel, and to render all aid and assistance
necessary to enable the health officer to make a full, thorough, and complete exam-
ination thereof; but no health officersshall violate the privacy of any guest without
his or her consent.

Section XXV111: Score cards--grading: For the purpose of carrying out the provis-
ions of these regulations the state health officer is hereby authorized and required to
prepare reasonable rules and regulations and an official score card for showing the
rating of hotels that come within the meaning of these regulations. The state health
officer shall prepare specific regulations, score cards, and certificates for hotels. In
the case of a hotel maintaining a dining room there shall be issued two certificates —
one for the hotel and one for the dining room — each based on the results as re-
corded on the separate score cards. After each inspection the health officer shall
leave with the manager or operator of the hotel a copy of the score card showing
the degree of compliance with the provisions of these regulations. At least once
each year the health officer shall furnish to each hotel a certificate with the rating
given to the hotel stated thereon. The manager or operator of the hotel, upon receipt
of the above mentioned certificate, shall post it in a conspicuous place where it may
be easily observed by guests, and shall remove and destroy the said certificate one
year after the date written thereon, or at the direction of the health officer.

Section XXIX: Enforcement: It is hereby provided that the enforcement of these
regulations devolved upon the personnel of the state board of health and/or the
county health departments and/or the city health departments, according as the
state board of health may deem most wise and expedient to order and determine.

Section XXX: Violation a misdemeanor--penaliy--each day a separate offense:
Any owner, proprietor, manager, or operator of a hotel, or any other person who

§ 5002 Civil Code Page 128

shall wilfully obstruct, hinder or interfere with any health officer in the proper dis-
charge of his duty, or who shall wilfully fail or neglect to comply with any of the
provisions of these regulations, and/or rules and regulations of the state health offi-
cer after notice from the health officer, shall be guilty of a misdemeanor, and, upon
conviction thereof, be fined not less than twenty-five ($25.00) dollars, nor more than
one hundred ($100.00) dollars, for each offense, and each day of failure to comply
with the provisions of these regulations shall be a separate and distinct offense.

Section XXXI: Health officer to swear out warrants: It shall be the duty of the
health officer, in case he shall have knowledge of any violation of these regulations,
and/or rules and regulations of the state health officer, to swear out a warrant
against the person offending.

RESTAURANTS

Section 1. Definitions- -The following definitions shall apply in the interpretation
and enforcement of this ordinance:

(a) Restaurant— The term "restaurant" shall mean restaurant, coffee shop, cafe-
teria, short order cage, luncheonette, tavern, sandwich stand, soda fountain, and all
other public eating and drinking establishments, as well as kitchens in which food
and drink are prepared for sale elsewhere to the public.

(b) Itinerant restaurant--The term "itinerant restaurant" shall mean one op-
erating for a temporary period in connection with a fair, carnival, circus, public ex-
hibition, or other similar gathering.

(c) Employee- -The term "employee" shall mean any person who handles food or
drink during preparation or serving, or who comes in contact with any eating or
cooking utensils, or who is employed at any time in a room in which food or drink
is prepared or served.

(d) Utensils— "Utensils" shall include any kitchenware, tableware, glassware, cut-
lery, utensils, containers, or other equipment with which food or drink comes in
contact during storage preparation, or serving.

(e) Health officer— The term "health officer" within the meaning of these regula-
tions 'shall mean the health authority of the cities, and/or the counties, and 7 or the
State, or his authorized representative.

(f) Person— The word "person" shall mean person, firm, corporation, or asso-
ciation.

Section 2. Permits— It shall be unlawful for any person to operate a restaurant in
the State who does not possess an unrevoked permit from the health officer and in
whose place of business such permit is not posted in a conspicuous place. Only per-
sons who comply with the requirements of this ordinance shall be entitled to re-
ceive and retain such a permit. A person conducting an itinerant restaurant may, in
the discretion of the health office, be exempted from the requirement of securing a
permit.

Such a permit may be suspended by the health officer, or revoked after an op-
portunity for a hearing by the health officer, upon the violation by the holder of any
of the terms of this ordinance.

Section 3. Placarding or public display of grade notice— Every restaurant shall
display at all times in a place designated by the health officer, a notice approved by
the health officer, stating the grade of the establishment.

Section 4. Examination and condemnation of unwholesome or adulterated food
or drink—Samples of food and drink may be taken and examined by the health offi-
cer as often as he deems necessary for the detection of unwholesomeness or adultera-
tion. The health officer may condemn and forbid the sale of, or cause to be removed
or destroyed, any food or drink which he deems unwholesome or adulterated.

Section 5. Inspection of restaurants— At least once every 12 months the health of-
ficer shall inspect every restaurant within the State. In case the health officer dis-
covers the violation of any item of sanitation required for the grade then held, he
shall make a second inspection after the lapse of such time as he deems necessary
for the defect to be remedied, and the second inspection shall be used in determin-

Page 129 Boards of Health and Health Provisions § 5002

ing compliance with the requirements of these rules and regulations. Any violation
of the same item of these rules and regulations on two consecutive inspections shall
call for immediate degrading or suspension of permit.

One copy of the inspection report shall be posted by the health officer upon an in-
side wall of the restaurant, and said inspection report shall not be defaced or re-
moved by any person except the health officer. Another copy of the inspection re-
port shall be filed with the records of the health department.

Section 6. The grading of restaurants— The grading of all restaurants shall be
based upon the following standards.

Sanitation requirements for grade A restaurants--All grade A restaurants shall
comply with all of the following items of sanitation.

Item 1. Floors— The floors of all rooms in which food or drink is stored, pre-
pared, or served, or in which utensils are washed, shall be of such construction as to
be easily cleaned, shall be smooth, and shall be kept clean and in good repair.

Item 2. Walls and ceilings— Walls and ceilings of all rooms shall be kept clean
and in good repair. All walls and ceilings of rooms in which food or drink is stored
or prepared shall be finished in light color. The walls of all rooms in which food or
drink is prepared or utensils are washed shall have a smooth, washable surface up
to the level reached by splash or spray.

Item 3. Doors and windows— When flies are prevalent, all openings into the
outer air shall be effectively screened and doors shall be self-closing, unless other
effective means are provided to prevent the entrance of flies.

Item 4. Lighting— All rooms in which food or drink is stored or prepared or in
which utensils are washed shall be well lighted.

Item 5. Ventilation— All rooms in which food or drink is stored, prepared, or
served, or in which utensils are washed, shall be well ventilated.

Item 6. Toilet facilities— Every restaurant shall be provided with adequate and
conveniently located toilet facilities for its employees, conforming with the rules
and regulations of the state board of health. In restaurants hereafter constructed
toilet rooms shall not open directly into any room in which food, drink, or utensils
are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet
rooms shall be kept in a clean condition, in good repair, and well lighted and venti-
lated. Hand-washing signs shall be posted in each toilet room used by employees.
In case privies or earth closets are permitted and used, they shall be separate from
the restaurant building, and shall be of a sanitary type construction, and operated
in conformity with the standards of the state board of health.

Item 7. Water supply— The water supply shall be easily accessible to all rooms
in which food is prepared or utensils are washed, and shall be adequate, and of a
safe sanitary quality, and shall meet all requirements of the state board of health
as to drinking water.

Item 8. Lavatory facilities— Adequate and convenient hand-washing facilities
shall be provided, including warm water, soap, and approved sanitary towels. The
use of a common towel is prohibited. No employee shall resume work after using
the toilet room without first washing his hands.

Item 9. Construction of utensils and equipment-All multi-use utensils and all
show and display cases or windows, counters, shelves, tables, refrigerating equip-
ment, sinks, and other equipment or utensils used in connection with the operation
of a restaurant shall be so constructed as to be easily cleaned and shall be kept in
good repair.

Item 10. Cleaning and bactericidal treatment of utensils and equipment— All
equipment, including display cases or windows, counters, shelves, tables, refrigera-
tors, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects,
and other contaminating material. All cloths used by waiters, chefs, and other em-
ployees shall be clean. Single-service containers shall be used only once.

All multi-use eating and drinking utensils shall be thoroughly cleaned and effec-
tively subjected to an approved bactericidal process after each usage. All multi-use

III.-S.C.-5

§ 5002 Civil Code Page 130

utensils used in the preparation or serving of food and drink shall be thoroughly-
cleaned and effectively subjected to an approved bactericidal process immediately
following the day's operation. Drying cloths, if used, shall be clean and shall be
used for no other purpose.

Hem 11. Storage and handling of utensils and equipment—After bactericidal
treatment no utensil shall be stored except in a clean dry place protected from flies,
dust, or other contamination, and no utensil shall be handled except in such a man-
ner as to prevent contamination as far as practicable. Single-service utensils shall
be purchased only in sanitary containers, shall be stored therein in a clean dry
place until used, and shall be handled in a sanitary manner.

Item 12. Disposal of wastes All wastes shall be properly disposed of, and all
garbage and trash shall be kept in suitable receptacles, in such a manner as not
to become a nuisance.

Item 13. Refrigeration- -All readily perishable food or drink shall be kept at or
below 50° F. except when being prepared or served. Waste water from refrigeration
equipment shall be properly disposed of.

Item 14. Wholesomeness of food and drink--All food and drink shall be whole-
some and free from spoilage. All milk, fluid milk products, ice cream, and other
frozen desserts served shall be from sources approved by the health officer. Milk
and fluid milk products shall be served in the original containers in which they
were received from the distributor or from a bulk container equipped with an ap-
proved dispensing device: provided, that this requirement shall not apply to cream,
which may be served from the original bottle or from a dispenser approved for such
service. All oysters, clams, and mussels shall be from approved sources: provided,
further, that approved milk shall mean A and B raw, A and B pasteurized and
certified.

Item 15. Storage and display of food and drink--All food and drink shall be so
stored and displayed as to be protected from dust, flies, vermin, unnecessary han-
dling, droplet infection, overhead leakage, and other contamination. No animals or
fowls shall be kept or allowed in any room in which food or drink is prepared or
stored. All means necessary for the elimination of flies shall be used.

Item 16. Cleanliness of employees--All employees shall wear clean outer gar-
ments and shall keep their hands clean at all times while engaged in handling food,
drink, utensils, or equipment.

Item 17. Miscellaneous— The premises of all restaurants shall be kept clean and
free of litter or rubbish. None of the operations connected with a restaurant shall
be conducted in any room used as living or sleeping quarters. Adequate lockers of
dressing rooms shall be provided for employees' clothing and shall be kept clean
Soiled linens, coats, and aprons shall be kept in containers provided for this purpose.

Grade B restaurants— Grade B restaurants are those which fail to comply with
items 1, 2, 4, 5, or 17, but which conform to all other items of sanitation required for
grade A restaurants.

Grade C restaurants— Grade C restaurants are those which fail to comply with
either the grade A or grade B requirements.

Itinerant restaurant: A person conducting an itinerant restaurant may, in the
discretion of the health officer, be exempted from the requirement of securing a per-
mit. The health officer should approve an itinerant restaurant only if it complies
with the following requirements of sanitation:

It shall be located in proper surroundings and kept in a clean and sanitary condi-
tion. It shall be so constructed and arranged that food, drink, utensils, and equip-
ment will not be exposed to insects or to dust or other contamination. Only food
and drink which is clean, wholesome and free from adulteration shall be sold oi
served. An adequate supply of water of safe sanitary quality shall be easily avail-
able and used for drinking and for cleaning utensils and equipment. If multi-use
utensils are used in the serving of food or drink, they shall be thoroughly washed
with hot water and a satisfactory detergent (as provided for in Section 6, Item 10),

Page 131 Boards of Health and Health Provisions § 5002

and rinsed with water after each use and so handled and kept as to be protected
from contamination. Adequate provision shall be made for refrigeration of perishable
food and drink. Ice used in or with food or drink shall be from a source approved by
the health officer and so handled as to avoid contamination. In the event the estab-
lishment does not comply with the provisions of this paragraph, only single service
containers shall be used.

Garbage and refuse shall be kept in tightly covered, water-tight containers until
removed and shall be disposed of in a place and manner approved by the health
officer. Dish water and other liquid wastes shall be so disposed of as not to create
a nuisance.

No person suffering from any disease transmissible by contact or through food or .
drink or who is a known carrier of the germs of such a disease shall be employed in
any capacity. Adequate and satisfactory toilet and hand washing facilities shall be
readily accessible to employees. No person engaged in the handling or serving of
food or drink shall return to his work, after using the toilet, without first thoroughly
washing his hands.

Upon failure of any person maintaining or operating an itinerant restaurant, after
warning, to comply with any of these requirements, it shall be the duty of the
health officer summarily to forbid the further sale or serving of food or drink therein.
Any person continuing to sell or serve food or drink in such a restaurant after being
so forbidden, shall be subject to the penalties provided for violation of these rules
and regulations and the laws of the State of South Carolina.

Itinerant restaurants- -Itinerant restaurants shall be constructed and operated in
a manner approved by the health officer.

Section 7. Grades of restaurants which may operate— From and after 12 months
from the date on which these rules and regulations take effect no restaurant shall be
operated within the State unless they conform with the grade A, or grade B, or ap-
proved itinerant restaurant requirements of these rules and regulations: provided,
that when any restaurant fails to qualify for any of these grades, the health officer
is authorized to revoke the permit or in lieu thereof to degrade the restaurant and
permit its operation during a temporary period not exceeding 30 days.

Section 8. Reinstatement of permit: supplementary regrading--Any restaurant
the grade of which has been lowered and all grade displays have been changed ac-
cordingly, or the permit of which has been suspended may at any time make appli-
cation for regrading or the reinstatement of the permit.

Within one week after the receipt of a satisfactory application, accompanied by a
statement signed by the applicant to the effect that the violated item or items of
the specifications have been conformed with, the health officer shall make a rein-
spection, and thereafter as many reinspections as he may deem necessary to assure
himself that the applicant is again complying with the higher grade requirements,
and, in case the findings indicate compliance, shall award the higher grade or rein-
state the permit.

Section 9. Poisonous substances— No article, polish, or other substance containing
any cyanide preparation or other poisonous material shall be used for the cleansing
or polishing of utensils.

Section 10. Notification of disease— Notice shall be sent to the health office imme-
diately by the restaurant manager or by the employee concerned if he or any em-
ployee contracts any infectious, contagious, or communicable disease, or has a fever,
a skin eruption, a cough lasting more than 3 weeks, or any other suspicious symp-
tom. It shall be the duty of any such employee to notify the restaurant manager
immediately when any of conditions obtain, and if neither the manager nor the
employee concerned notifies the health officer immediately when any of said condi-
tions obtain they shall be held jointly and severally to have violated this section. A
placard containing this section shall be posted in all toilet rooms.

Section 11. Procedure when infection suspected— When suspicion arises as to the
possibility of transmission of infection from any restaurant employee the health offi-

§ 5002 Civil Code Page 132

cer is authorized to require any or all of the following measures: (1) the immediate
exclusion of the employee from all restaurants; (2) the immediate closing of the
restaurant concerned until no further danger of disease outbreak exists, in the opin-
ion of the health officer; (3) adequate medical examinations of the employee and his
associates, with such laboratory examinations as may be indicated.

Section 12. Enforcement interpretation—These rules and regulations shall be en-
forced by the health officer in accordance with the interpretations thereof contained
in the 1940 edition of the U. S. Public Health Service Code Regulating Eating and
Drinking Establishments, a certified copy of which shall be on file in the office of
the Secretary of State.

Section 13. Penalties— Any person who violates any provision of these rules and
regulations or any other person who shall wilfully obstruct, hinder or interfere with
the health officer in the proper discharge of his duty, or who shall wilfully fail or
neglect to comply with any of the provisions hereof, after notice from the health
officer or any other person in authority, shall be guilty of a misdemeanor, and, upon
conviction thereof, be fined not less than twenty-five dollars nor more than one hun-
dred dollars for each offense, and each day of failure to comply with the provisions
of this article shall be a separate and distinct offense. (See section 5122 of the Civil
Code of 1932.)

REGULATIONS FOR CANNERIES
Construction and drainage:

Section 1. The roof of every cannery shall be of water-tight construction. The
ceiling shall be high enough to permit safe clearance for all persons working under
suspended shafting, hangers, piping, galleries, and other equipment.

Section 2. The floors of all canneries shall be constructed of concrete or other
equally impervious and easily cleaned material and shall be smooth, properly
drained, provided with trapped drains, and kept clean.

Section 3. The tops of all tables shall be constructed of hard, tight, and smooth
material. All tables shall be so constructed as to be properly drained to remove
waste and overflow.

Section 4. Waste and overflow shall be drained away from all machines, cookers,
washers, and other places where created during operations, in drains, graded so as to
convey liquid wastes from such machines to sewers, graded gutters or pipes buried
in the floor or ground. All gutters and depressions from floor level shall be ade-
quately covered in case their construction or location makes them dangerous to limb.
Such covers shall be readily removable for cleaning and scrubbing the gutters. No
person shall be permitted or required to work during factory operation at points
where the floor is covered with an unreasonable amount of water or other liquid or
wet accumulation.

Section 5. Litter, waste, or refuse shall not be allowed to accumulate in or around
the buildings or around the buildings or yards of any cannery. All liquid waste shall
be conducted from the buildings by means of suitable drainage pipes or gutters, and
disposed of in a manner which complies with the State laws. Gross by-products
suitable for other usages, such as pea vines or corn husks, may be stacked or placed
in silos. Such stacks or silos shall be separate from the buildings and shall be ade-
quately drained to intercept any oozing liquid. Other by-products shall only be re-
tained when rendered unobjectionable by giving off no offensive odor or oozing
liquid. Skins, peelings, etc., shall not be piled near the cannery or any other build-
ing, nor be distributed on the land near the cannery or other buildings unless so
disposed of as to give off no offensive odors or constitute a nuisance.
Cleansing of equipment:

Section 6. All machinery, conveyors, floors, tables, pails, trays, cookers, washers,
etc., shall be scalded with steam or hot water at least once each day and as often
in addition thereto as individual cannery requirements necessitate in order to pre-
vent souring or insanitary conditions. No scalder or blancher shall be used which is
not cleaned at least twice each day, or oftener if necessary, during the period of use.

Section 7. All cans shall be clean before using. Where cans are conveyed from

Page 133 Boards of Health and Health Provisions § 5002

one building to another such conveyors shall be so protected to prevent any contam-
ination.
Water supply:

Section 8. Only water meeting the standards of the state board of health shall be
used in the washing of equipment coming in contact with food or in the making of
brine or syrup. The overflow of brine, juice, or syrup shall not be used. No cans
shall be brined or syruped by being passed through a tank to receive the syrup,
brine, or other liquid by submergence (dip tank).

Section 9. An adequate supply of drinking water meeting the standards of the
state board of health shall be provided both in the cannery and within easy access
of living quarters provided by the canner.
Comfort features:

Section 10. Wash rooms or stations must be provided, conveniently located and
of sufficient size and equipment for the accommodation of all employees, equipped
with ample running water supply and provided with individual sanitary towels and
plenty of soap.

Section 11. Dressing rooms with hangers or lockers shall be provided for em-
ployees to change their clothes.

A rest room for women shall be maintained.
Screening:

Section 12. All windows, doors, ventilators, trapdoors, etc., opening to the out-
side air shall be properly screened.
Employee's requirements:

Section 13. Employees preparing food products must wear clean, white, washable,
oversuits or aprons, etc., which must be kept clean. Female employees must wear
clean, white, washable caps covering their hair. Employees shall keep their finger-
nails clean. They must wash their hands before commencing work and after each
absence from their work.

Section 14. No person afflicted with infectious or contagious diseases or any infec-
tious wounds, shall be employed in a factory, preserving or canning food. Em-
ployees are prohibited from smoking and from spitting on the floor in any of the
sections where foods are being prepared.
Toilets:

Section 15. One privy or water closet of approved design shall be provided for
every 25 persons or fractional part thereof of each sex occupying the living quarters
or working in the cannery.

Section 16. All privies or water closets shall be readily accessible to the cannery
or living quarters they are intended to serve. Suitable toilet provisions must be
available for both the cannery and living quarters. If the latter are too far distant
from the cannery, separate toilet provisions must be made. The entrance to each
outside privy or water closet should be concealed by a vestibule or screen extending
to a height of 6V2 feet from the ground and of width at least 2 feet greater than
the width of the entrance opening.

Section 17. Each privy or water closet shall be equipped with a door, and in
addition shall be ventilated by an opening or openings (unobstructed except by wire
screening) to the outer air. Such openings shall have a combined area of not less
than 1 square foot.

Section 18. Each window and ventilator opening of a privy or water closet shall
be provided with wire fly screening.

Section 19. Each door shall be equipped with an automatic closing device.
Living quarters:

Section 20. Living quarters must have waterproof roofs and tight, board floors.

Section 21. In buildings occupied by more than one sex, all interior partitions
shall extend from the floor to the ceiling or roof. Such partitions must be of solid
construction without openings, cracks, etc., other than doorways.

Section 22. Each room used as living or sleeping quarters shall have not less than

§ 5002 Civil Code Page 134

one window opening directly to the outer air, and such window shall have at least
5 square feet of space. Each opening for a window shall be equipped with a sash
with glass panes and shall be constructed to open outwardly on hinges or slide hori-
zontally or vertically so as to be available for ventilation and escape.

Section 23. Each room having only one window must have an additional ade-
quate outside opening for ventilating purposes.

Section 24. Each room used as living or sleeping quarters shall not have less
than one door leading to the outside. Such doors should open outwardly.

Section 25. All windows and doors leading to the outside air shall be screened
during the fly season.

Section 26. Except in the housing of families, sleeping accommodations shall be
provided in rooms which are separate for each sex.

Section 27. In every room used for sleeping purposes there shall be provided not
less than 400 cubic feet of air space for each occupant, except that between April 1
and October 31, 250 cubic feet of air space for each occupant may be accepted at
the discretion of the state board of health.

Section 28. Beds, cots, or bunks shall be provided in each room for sleeping pur-
poses in sufficient number for the occupants of the room.

Section 29. Each bed, cot or bunk shall be elevated not less than 12 inches above
the floor.

Section 30. All beds, cots, or bunks shall be placed not less than 2 feet apart at
all points, unless separated by interior partitions.

Section 31. The occupants of living quarters shall be required to keep them
clean and tidy.

Section 32. The cannery management shall be required to keep the grounds and
surroundings clean and free from rubbish, refuse, etc. .

Section 33. A sufficient number of closed, metal garbage containers shall be pro-
vided at the living quarters and the cannery management shall provide daily collec-
tion and removal of garbage to some point where it will not constitute a nuisance
or breeding place for flies or other health nuisance.

REGULATIONS GOVERNING THE HANDLING OF SHELLFISH IN SHELL ONLY

Section 1. Oysters or clams which are taken from waters found upon inspection
by the state department of health to be polluted so as to render the oysters taken
therefrom or placed therein dangerous to health shall not be distributed or sold
for use as food within the State of South Carolina.

Section 2. All bateaus, scows, or other vessels used for transportation of oysters
or clams shall at all times be kept clean and free from mud, refuse or any decaying
matter.

Section 3. Boats used for collecting shell oysters must be so constructed that the
oysters can not come in contact with the bilge water, and they must be thoroughly
cleaned daily while being used for this purpose.

Section 4. No sacks that have been used for the trans-shipment of oysters shall be
used again for that purpose until they have been thoroughly cleaned and sterilized.
Wooden barrels or other containers must be clean and free from anything that
might contaminate the oysters.

Section 5. The practice of allowing oysters that have been dredged from the
planting grounds to remain on the decks of schooners for a considerable time before
sale results in their deterioration as a food product; therefore oysters shall not be
carried on the decks of vessels after dredging longer than twenty-four hours in
September, forty-eight hours in October and November.

Section 6. Railroad cars in which oysters are shipped in sacks must be clean and
free from anything that might endanger the purity or healthfulness of the product.
All cars shall be subjected to proper inspection to see that they conform to this rule.

Section 7. Oysters that are shucked may be washed in clean water before ship-
ping and must be placed for shipment in containers in which ice shall be used, but

Page 135 Boards of Health and Health Provisions § 5002

the ice or the water therefrom must not be allowed to come in direct contact with
the oysters.

Section 8. Oysters or clams intended for sale as food must not be kept or stored
in any place or places which may in any way affect their purity or wholesomeness.

Section 9. Oyster and clam shippers will be required to keep their boats, wharves
and shipping houses in a clean and sanitary condition at all times.

Section 10. Owners of all vessels in which men work continuously for more than
two hours, and which are engaged in the handling of oysters or clams from the
planting grounds or in the vicinity of floats upon which oysters are or may be laid
out, must provide their vessels with suitable receptacles in which the excreta, both
solids and liquids of persons using such boats shall be received, and the contents of
such receptacles shall be disposed of either by incineration or by burial in the
ground at points sufficiently removed from the banks of streams to prevent pollu-
tion of the waters thereof.

Section li. Oysters or clams that have remained in storage until the product has
become weakened will be regarded as unfit for food and cannot be shipped.
RULES AND REGULATIONS GOVERNING THE OPERATION OF
OYSTER SHUCKING HOUSES

Section 1. (a) No person, firm or corporation shall operate or conduct an estab-
lishment for the shucking of oysters within this State until he, or they shall have
secured from the department of health of the State of South Carolina a license to op-
erate such an establishment.

(b) Application for such license shall be made in writing by the person, firm or
corporation, submitting the application. All licenses shall be posted in a conspicuous
place in the shucking plant, and shall expire June 30th following the date of issu-
ance and must be renewed yearly.

Section 2. Only oysters which are alive, with tight shells, shall be used for
shucking.

secured from the department of health of the State of South Carolina a license to op-
and equipped as hereinafter provided, and the operations carried on in such building
or rooms shall be conducted in such manner that the purity and wholesomeness of
the shellfish handled therein shall not be impaired.

Section 4. All rooms in which shucked oysters are packed, stored, washed or
otherwise handled shall be separate and apart from the rooms in which oysters are
opened. Storage bins shall be constructed and so arranged that oysters or clams
will not become contaminated. Storage bins to be constructed of concrete.

Section 5. Rooms in which oysters are shucked and in which shucked oysters are
packed shall be provided with smooth, well-drained, easily cleanable floors con-
structed of concrete. Floors shall be cleaned thoroughly after each day's operation
or more often if necessary in the opinion of the inspector. The side walls of such
rooms shall be constructed of smooth, easily cleanable material painted with a
light-colored paint. The walls shall be cleaned daily. The ceilings of packing rooms
shall be smooth and painted with a light-colored paint and kept clean. The ceilings
of the openings or shucking room shall be painted with a light-colored paint and
kept clean. Waste material shall not be permitted to accumulate in rooms where
oysters are packed or opened. Spitting upon the floors or walls of oyster houses is
strictly forbidden.

Section 6. All shucking houses shall be adequately lighted and ventilated, and
shall be provided with an abundant supply of hot and cold water under pressure (at
least two (2) gallons of hot water per person). During the fly season all windows
and doors shall be provided with screens.

Section 7. All shucking houses located in oyster grounds from which the taking
of oysters is not prohibited, must be provided with adequate drainage to lead all
waste liquids outside the building and into a suitable sewer, cesspool, or tank, or to
some other point where they can be disposed of without creating a nuisance. Waste
liquids must not be disposed of by emptying into any stream in which shellfish are
grown.

§ 5002 Civil Code Page 136

Section 8. Shucking benches shall be constructed of smooth concrete, well
drained, and easily cleanable. Shucking benches shall be kept in a clean condition
at all times.

Section 9. All utensils and containers in which shucked oysters are placed must
be of metal and of such construction as to enable them to be readily cleansed. No ap-
paratus with which the shucked oyster comes in contact can be of wood. They must
be thoroughly cleansed and then scalded out with hot water or steam before begin-
ning each day's work. Knives used by shuckers must be subjected to the same
treatment. Three compartment sinks, one for washing, one for rinsing, and one for
scalding — 170° F. for two minutes, shall be provided.

Section 10. Shucked oysters may be washed with clean unpolluted water. This
washing must be of such a thorough nature that dirt and filth introduced by the
openers or during subsequent handling shall be effectively removed. If a blower or
any form of mechanical agitator is used to wash the oysters, it must be kept clean.
The sediment must be removed after each blowing and a fresh supply of water
used for each blow. The period of blowing shall not be over three minutes, unless
salt solution is used. The strength of the solution should range between 1 per cent
and 2 per cent, depending upon the salinity of the water in which the oysters are
grown. After shucked oysters have been washed and are ready for final packing and
shipping, they shall not be touched by hand. Clean rubber gloves must be used.

Section 11. A solid pack shall be required when shucked unfloated oysters are
sold by measure. For the purpose of this rule a solid pack will be understood to
mean oysters which have been drained substantially of all their adhering liquor.

Section 12. Shucked oysters offered for shipment must be packed in closed con-
tainers and thoroughly iced. Oysters must not be packed in contact with ice.

Section 13. Oysters must be shipped the same day they are opened, unless stored
at a temperature of 45 degrees F. or below, or packed in shipping containers and
thoroughly iced.

Section 14. Shucked oysters, when shipped, must be delivered in clean sanitary
containers.

Section 15. All containers in which shucked oysters have been shipped to an
oyster packer or distributor must not be used again.

Section 16. Waste materials must not be permitted to accumulate in rooms where
shucked oysters are packed and such materials must be removed daily.

Section 17. All shucking houses shall be provided with running water, soap, and
clean towels to enable employees to wash their hands. Employees shall be required
to wash their hands before beginning work and after visiting the toilet. Ample
toilet facilities must be provided and must meet the approval of the state board
of health. Toilet must be kept clean at alltimes.

Section 18. The outer clothing worn by persons engaged in shucking oysters shall
be of material which can be readily cleansed and only clean garments shall be
worn. Rubber aprons and rubber sleeves are recommended.

Section 19. No person with infectious wounds in the hands or arms shall be per-
mitted to open oysters or handle the same.

Section 20. (a) All persons engaged in opening, packing, or handling shucked oys-
ters must secure a certificate from the department of health of the State of South
Carolina showing that bacteriological examination of specimens of urine and feces
from the respective persons were negative for typhoid bacilli. Certificates must be
renewed each year and after an illness of typhoid fever or suspected typhoid fever.

(b) This certificate must be carried by the recipient at all times and shown upon
request.

(c) The necessary containers for urine and feces specimens will be furnished by
the department, and laboratory examinations made free of charge.

(d) The management of such establishments is held responsible that employees
secure certificates.

Section 21. No person afflicted with any communicable disease shall be employed
in any shucking house nor shall any person so affected be permitted to enter the

Page 137 Boards of Health and Health Provisions § 5002

rooms of such shucking house where oysters are opened, packed or otherwise
handled.

Section 22. No person shall be allowed to live or sleep in any room where oysters
are shucked or packed.

All water that comes in contact with the shucked oysters must be drawn direct
from the pipe. No drippings, from tubs or other receptacles, or water that is to come
in contact with the shucked oysters, is allowed.

Clean rubber gloves must be used while removing pieces of shell and such like
material from the first strainer.

Oysters that have been shucked elsewhere than in a shucking house approved by
the state board of health shall not be packed.

Oysters in shell will not be allowed to be floated.

Cloak rooms shall be provided for employees.

RULES REGULATING THE CONSTRUCTION AND OPERATION OF PLANTS

PRODUCING COOKED CRABMEAT, LOBSTER AND SHRIMP AND THE

HANDLING AND THE SHIPMENT OF THE PRODUCT

I. Construction of plant.

1. Building where the product is handled shall be of such construction and loca-
tion as to permit the production of a clean, wholesome food product. Buildings shall
not be located in surroundings which may contaminate the product.

(a) Screens: Plant shall be completely screened, lighted and ventilated and
shall be so constructed as to keep out rat infestation.

(b) Floors: Floors of cooking, picking, storage and packing rooms shall be con-
structed of impervious material preferably concrete, and the impervious material
shall extend at least 18 inches up the wall; all corners shall be rounded to permit
thorough cleaning. The floors shall be so constructed with a drain, preferably in or
through the center, that it will carry off the water completely, and rapidly.

(c) Walls: Side walls and ceilings must be of material such as to permit easy and
thorough cleaning and they must be maintained in sanitary condition at all times.
Walls shall be painted light color and repainted as often as necessary.

2. Layout: Plant shall be arranged so as to separate the several different op-
erations. Picking and packing of the meat shall be done in a room separated from
the cooking, cooling and trimming rooms. These rooms shall be cleaned and kept
free from flies at all times.

II. Equipment

1. Water supply: The plant shall be provided with an adequate supply of water
under pressure from a source and in a manner approved by the state board of
health. This supply shall be used for all operations of the plant. Hot water in suffi-
cient amount for all purposes shall be available at all times when plant is in op-
eration.

2. Sewage disposal: Separate toilets must be provided for each sex. All toilets
shall be separated from the packing and picking rooms by a solid wall. If privies
are used they must be of sanitary type constructed and located under the approval
of the state board of health.

3. Lavatories (hand bowls): Lavatories with water under pressure, soap and
paper towels located convenient for employees shall be provided. At least one spigot
shall be provided for every (8) people.

4. Refrigeration: Mechanical refrigeration or an ice box of good construction
and in good repair, and capable of maintaining a temperature of below 50°, of suffi-
cient capacity to handle the plant output shall be provided. The ice box shall have
non-porous, non-corrosive lining that does not leak.

5. Stools and chairs: Stools and chairs shall be of smooth construction, prefer-
ably metal, washable and painted a light color and as often as necessary.

6. Benches and tables: Benches and tables shall be metal covered, with metal
extending completely over edge of table or bench. All joints or seams shall be prop-
erly soldered.

§ 5002 Civil Code Page 138

7. Bins or tables: Bins or tables on which crabs are cooled or held until picked
shall be of impervious material and so constructed that the water will drain from
the crabs before being sent to the picking and packing rooms.

8. Picking pans: Picking pans shall be of smooth, non-corrosive material that
will permit easy cleaning and sterilization. No agateware shall be permitted.

9. Picking knives: Picking knives shall be of one piece, all metal type.

10. Blocks and hammers: Blocks and hammers used for cracking clams must be
of material other than wood and of smooth construction.

11. Cupboard or cabinet: A cupboard or cabinet with screen doors and metal
shelves must be provided for storing sterilized pans and picking knives when not
in use.

HI. Operations

1. General cleanliness of plant: equipment and utensils: During the operating
season the plant shall be used for no other purpose than the handling of the meat.
Material foreign to this particular business shall not be stored in the operating part
of the plant. Floors shall be cleaned thoroughly, at least once daily, or as often as
necessary to keep the place in sanitary condition. The use of polluted water for
flushing or cleaning is prohibited. Picking pans, picking knives and all equipment
that comes in contact directly or indirectly with the meat shall likewise be thor-
oughly cleaned and sterilized daily. Ice boxes or refrigerators shall be cleaned each
time they are emptied of the meat and sterilized with steam, hot water or a steriliza-
tion solution. All surfaces with which the meat comes in contact, such as tables,
picking and packing benches, platforms, or bins for cooling, shall be cleaned and
sterilized at the beginning and end of each operation. Where chlorine solutions are
used the surface must be first cleaned, otherwise the chlorine is not effective.

2. Personal cleanliness: Before visiting the toilet all employees must remove
aprons and gloves and leave them in the room where they are employed. Aprons and
gloves must not be donned until hands have been thoroughly washed after visiting
the toilet and before beginning work. Signs to this effect shall be maintained in con-
spicuous places in the plant by the operator. Outer clothing of employees shall be
clean. Pickers must wear clean white APRONS and CAPS. No person with wounds
on the hands or arms shall be permitted to work in the plant. No person afflicted
with communicable disease shall be employed in the plant, or allowed to enter the
work room. No person shall be allowed to sleep in a crabmeat plant. No loitering
shall be permitted in the picking and packing rooms.

3. Preparation of the meat: All operations must be conducted in such a manner
as to protect, as far as possible, the product from contact with unclean surfaces.
Crabs must be delivered to the picking benches in clean metal containers. The wash-
ing of trimmed crabs for the purpose of removing the fat, preliminary to picking
operations, is not allowed unless conducted in a sanitary manner and with water
free from pollution. The meat must not be permitted to accumulate on the picking
benches or in the packing room. Frequent deliveries of meat must be made to the
packing room where it shall be promptly iced, preparatory to shipping. Where pick-
ing pans are used, they shall not exceed five pounds capacity and must be of rust-
proof metal. When delivering meat to the packing room containers shall not be
nested one on top of the other. No meat shall be returned to the picking room.

Meat must be packed promptly and placed under refrigeration. It should be sub-
jected to minimum hand contacts. Each packer must wash his hands in running
water and sterilize them prior to beginning and frequently during the packing of
the meat, and do no other work while packing the meat.

4. Disposal of wastes: Waste should be placed in metal containers and removed
from the plant at frequent intervals and under no circumstances shall the waste be
allowed to remain in the plant over night. Wastes should be disposed of so as not
to be accessible to flies or to create a nuisance.

5. Use of crab shells: Only crab shells which have been thoroughly cleaned and
sterilized and protected at all subsequent times from contamination can be used and

Page 139 Boards of Health and Health Provisions § 5002

shipped. Shipping tags on these shells to be marked — "These shells shall not be used
unless washed, scrubbed and sterilized."
IV. Certification of plant:

1. No person, persons, firm or corporation shall engage in the picking, prepara-
tion and sale of cooked crab, lobster or shrimp meat without a permit in full force
and effect from the state board of health. Such permit may be revoked because of
the violation of any of the provisions of these regulations, or bacterial examination
showing focal B. Coli.

No cooked crabmeat, lobster or shrimp shall be shipped unless it is produced by a
certified plant.

Permits when issued will be accompanied with permit number. All meat shall be
packed in cans with permit number stamped on side of can.

All permits automatically expire annually and application must be filed for re-
newal. No permit shall be issued without written application.

All plants coming under this ruling shall be subject to inspection by representa-
tives of the state board of health at any time.

RULES AND REGULATIONS GOVERNING MILK AND MILK PRODUCTS
Section I. Definition--The following definitions shall apply in the interpretation
and the enforcement hereof:

A. Milk— Milk is hereby defined to be the lacteal secretion obtained by the com-
plete milking of one or more healthy cows, excluding that obtained with 15 days
before and 5 days after calving, or such longer period as may be necessary to render
the milk practically colostrum free; which contains not less than 8 percent of milk
solids not fat, and not less than 3% percent of milk fat.

B. Milk fat or butter fat-Milk fat or butter fat is the fat of milk.

C. Cream and sour cream—Cream is a portion of milk which contains not less
than 18 percent milk fat. Sour cream is cream the acidity of which is more than 0.20
percent, expressed as lactic acid.

D. Skimmed milk— Skimmed milk is milk from which a sufficient portion of
milk fat has been removed to reduce its milk-fat percentage to less than 3'/4 percent.

E. Milk or skimmed-milk beverage— A milk beverage or a skimmed-milk bever-
age is a food compound or confection consisting of milk or skimmed milk, as the
case may be, to which has been added a sirup or flavor consisting of wholesome in-
gredients.

F. Buttermilk— Buttermilk is a product resulting from the churning of milk or
cream, or from the souring or treatment by a lactic acid or other culture of milk,
skimmed milk, reconstituted skimmed, milk, evaporated or condensed milk or
skimmed milk, or milk or skimmed-milk powder. It contains not less than 8 percent
of milk solids not fat.

G. Vitamin D milk—Vitamin D milk is milk the vitamin D content of which has
been increased by a method and in an amount approved by the health officer.

H. Reconstituted or recombined milk and cream— Reconstituted or recombined
milk is a product resulting from the recombining of milk constituents with water,
and which complies with the standards for milk fat and solids not fat of milk as de-
fined herein. Reconstituted or recombined cream is a product resulting from the
combination of dried cream, butter, or butter fat with cream, milk, skimm»^ milk,
or water.

I. Goat milk— Goat milk is the lacteal secretion, free from colostrum, obtained
by the complete milking of healthy goats, and shall comply with all the require-
ments of this ordinance. The word "cows" shall be interpreted to include goats.

J. Homogenized milk— Homogenized milk is milk which has been treated in such
manner as to insure break-up of the fat globules to such an extent that after 48
hours storage no visible cream separation occurs on the milk and the fat percentage
of the top 100 cc. of milk in a quart bottle, or of proportionate volumes in con-
tainers of other sizes, does not differ by more than 5 percent of itself from the fat
percentage of the remaining milk as determined after thorough mixing.

§ 5002 Civil Code Page 140

K. Milk producls— Milk products shall be taken to mean and include cream,
sour cream, homogenized milk, goat milk, vitamin D milk, buttermilk, skimmed
milk, reconstituted or recombined milk and cream, milk beverages, skimmed-milk
beverages, and any other product made by the addition of any substance to milk or
any of these products and used for similar purposes and designated as a milk prod-
uct by the health officer.

L. Pasleurizalion--The terms "pasteurization," "pasteurized," and similar terms
shall be taken to refer to the process of heating every particle of milk or milk
products to at least 143° F., and holding at such temperature for at least 30 minutes,
or to at least 160° F., and holding at such temperature for at least 15 seconds, in
approved and properly operated equipment: provided, that nothing contained in
this definition shall be construed as debarring any other process which has been
demonstrated to be equally efficient and is approved by the state health authority.

M. Adulterated milk and milk products--Any milk or milk product which con-
tains any unwholesome substance, or which if defined in this ordinance does not
conform with its definition, or which carries a grade label unless such grade label
has been awarded by the health officer and not revoked, shall be deemed adulterated
and misbranded.

N. Milk producer--A milk producer is any person who owns or controls one or
more cows a part or all of the milk or milk products from which is sold or offered
for sale.

O. Milk distributor— A milk distributor is any person who offers for sale or sells
to another any milk or milk products for human consumption as such.

P. Dairy or dairy farm— A dairy or dairy farm is any place or premises where
one or more cows are kept a part or all of the milk or milk products from which is
sold or offered for sale.

Q. Milk plant— A milk plant is any place or premises or establishment where
milk or milk products are collected, handled, processed, stored, bottled, pasteurized,
or prepared for distribution.

R. Health officer— The term "health officer" shall mean the state health officer
or his authorized representative.

S. Average bacterial plate count, direct microscopic count, reduction time, and
cooling temperature- -Average bacterial plate count and average direct microscopic
count shall be taken to mean the logarithmic average, and average reduction time
and average cooling temperature shall be taken to mean the arithmetic average, of
the respective results of the last four consecutive samples, taken upon separate days,
irrespective of the date of grading or regrading.

T. Grading period— The grading period shall be such period of time as the health
officer may designate within which grades shall be determined for all milk and milk
products, provided that the grading period shall in no case exceed 6 months.

U. Person— The word "person" as used in this ordinance shall mean "person,
firm, corporation, or association."

V. And/or--Where the term "and/or" is used "and" shall apply where possible,
otherwise "or" shall apply.

Section 2. The sale of adulterated, misbranded, or ungraded milk or milk prod-
ucts prohibited— No person shall within the State, produce, sell, offer, or expose for
sale, or have in possession with intent to sell, any milk or milk product which is
adulterated, misbranded, or ungraded. It shall be unlawful for any person, elsewhere
than in a private home, to have in possession any adulterated, misbranded, or un-
graded milk or milk product.

Section 3. Permits— It shall be unlawful for any person to bring into or receive
into the State for sale, or to sell, or offer for sale therein, or to have in storage
where milk or milk products are sold or served, any milk or milk product defined
in this ordinance, who does not possess a permit from the health officer.

Only a person who complies with the requirements of this ordinance shall be en-
titled to receive and retain such a permit.

Page 141 Boards of Health and Health Provisions § 5002

Such a permit may be suspended by the health officer, or revoked after an oppor-
tunity for a hearing by the health officer, upon the violation by the holder of any
of the terms of these rules and regulations.

Section 4. Labeling and placarding—All bottles, cans, packages, and other con-
tainers enclosing milk or any milk product defined in these rules and regulations
shall be plainly labeled or marked with (1) the name of the contents as given in the
definitions in these rules and regulations; (2) the grade of the contents; (3) the word
"pasteurized" only if the contents have been pasteurized; (4) the word "raw" only
if the contents are raw; (5) the phrase "for pasteurization" if the contents are to be
pasteurized; (6) the name of the producer if the contents are raw, and the name of
the plant at which the contents were pasteurized, if the contents are pasteurized;
and (7) in the case of vitamin D milk, the designation "Vitamin D Milk" and the
source of the vitamin D. The label or mark shall be in letters of a size, kind, and
color approved by the health officer and shall contain no marks or words which are
misleading.

Every restaurant, cafe, soda fountain, or other establishment serving milk or milk
products shall display at all times, in a place designated by the health officer, a
notice approved by the health officer, stating the lowest grade of milk and x or milk
products served.

Section 5. Inspection of dairy farms and milk plants for the purpose of grading
or regrading--At least once during each grading period the health officer shall inspect
all dairy farms and all milk plants whose milk or milk products are intended for
consumption within the State. In case the health officer discovers the violation of
any item of sanitation, he shall make a second inspection after a lapse of such time
as he deems necessary for the defect to be remedied, but not before the lapse of 3
days; and the second inspection shall be used in determining the grade of milk
and/or milk products. Any violation of the same item of these rules and regulations
on two consecutive inspections shall call for immediate degrading.

One copy of the inspection report shall be posted by the health officer in a con-
spicuous place upon an inside wall of one of the dairy farm or milk plant buildings,
and said inspection report shall not be defaced or removed by any person except
the health officer. Another copy of the inspection report shall be filed with the rec-
ords of the health department.

Section 6. The examination of milk and milk products—During each grading period
at least four samples of milk and cream from each dairy farm and each milk plant
shall be taken on separate days and examined by the health officer. Samples of other
milk products may be taken and examined by the health officer as often as he deems
necessary. Samples of milk and milk products from stores, cafes, soda fountains,
restaurants, and other places where milk or milk products are sold shall be examined
as often as the health officer may require. Bacterial plate counts and direct micro-
scopic counts shall be made in conformity with the latest standard methods recom-
mended by the American Public Health Association. Examinations may include such
other chemical and physical determinations as the health officer may deem neces-
sary for the detection of adulteration, these examinations to be made in accordance
with the latest standard methods of the American Public Health Association and the
Association of Official Agricultural Chemists. Samples may be taken by the health
afficer at any time prior to the final delivery of the milk or milk products. All pro-
prietors of stores, cafes, restaurants, soda fountains, and other similar places shall
furnish the health officer, upon his request, with the names of all distributors from
whom their milk and milk products are obtained. Bio-assays of the vitamin D con-
tent of vitamin D milk shall be made when required by the health officer in a labo-
ratory approved by him for such examinations.

Whenever the average bacterial count, the average reduction time, or the average
cooling temperature falls beyond the limit for the grade then held, the health officer
shall send written notice thereof to the person concerned, and shall take an addi-
tional sample, but not before the lapse of 3 days, for determining a new average in

§ 5002 Civil Code Page 142

accordance with section 1 (S). Violation of the grade requirement by the new aver-
age or by any subsequent average during the remainder of the current grading pe-
riod shall call for immediate degrading or suspension of the permit, unless the last
individual result is within the grade limit.

Section 7. The grading of milk and milk products--At least once every 6 months
the health officer shall announce the grades of all milk and milk products delivered
by all producers or distributors and ultimately consumed within the State. Said
grades shall be based upon the following standards, the grading of milk products
being identical with the grading of milk except that the bacterial standards shall
be doubled in the case of cream, and omitted in the case of sour cream and butter-
milk. Vitamin D milk shall be only of grade A or grade B pasteurized, certified, or
grade A raw quality.

Certified milk-raw--Certified milk-raw is raw milk which conforms with the re-
quirements of the American Association of Medical Milk Commission in force at the
time of production and is produced under the supervision of a medical milk commis-
sion or the state ooard of health.

Grade A raw milk--Grade A raw milk the average bacterial plate count of which
as determined under sections 1 (S) and 6 of this ordinance does not exceed 50,000
per cubic centimeter, or the average direct microscopic count of which does not
exceed 50,000 per cubic centimeter if clumps are counted or 200,000 per cubic centi-
meter if individual organisms are counted, or the average reduction time of which
is not less than 8 hours: provided, that if it is to be pasteurized the corresponding
limits shall be 200,000 per cubic centimeter, 200,000 per cubic centimeter, 800.000
per cubic centimeter, and 6 hours, respectively; and which is produced upon dairy
farms conforming with all of the following items of sanitation.

Item lr. Cows, tuberculosis and other diseases—Except as provided hereinafter,
a tuberculin test of all herds and additions thereto shall be made before any milk
therefrom is sold, and at least once every 12 months thereafter, by a licensed vete-
rinarian approved by the State livestock sanitary authority. Said tests shall be made
and reactors disposed of in accordance with the requirements approved by the
United States department of agriculture, bureau of animal industry, for accredited
herds. A certificate signed by the veterinarian or attested to by the health officer
and filed with the health officer shall be evidence of the above test: provided, that
in modified accredited counties in which the modified accredited area plan is ap-
plied to the dairy herds the modified accredited area system approved by the United
States bureau of animal industry shall be accepted in lieu of annual testing.

Within 5 years after the adoption of this ordinance all milk and milk products
consumed raw shall be from herds or additions thereto which have been found free
from Bang's disease, as shown by blood serum tests for agglutinins against brucella
abortus made in a laboratory approved by the health officer. All such herds shall
be retested at least every 12 months and all reactors removed from the herd. A cer-
tificate identifying each animal by number, and signed by the laboratory making
the test, shall be evidence of the above test.

Cows which show an extensive or entire induration of one or more quarters of the
udder upon physical examination, whether secreting abnormal milk or not, shall be
permanently excluded from the milking herd. Cows giving bloody, stringy, or
otherwise abnormal milk, but with only slight induration of the udder, shall be ex-
cluded from the herd until re-examination shows that the milk has become normal.

For other diseases such tests and examinations as the health officer may require
shall be made at intervals and by methods prescribed by him, and any diseased
animals or reactors shall be disposed of as he may require.

Item 2r. Dairy barn, lighting--A dairy or milking barn shall be required and
in such sections thereof where cows are milked windows shall be provided and kept
clean and so arranged as to insure adequate light properly distributed, and when
necessary shall be provided with adequate supplementary artificial light.

Item 3r. Dairy barn, air space and ventilation--Such sections of all dairy barns

Page 143 Boards of Health and Health Provisions § 5002

where cows are kept or milked shall be well ventilated and shall be so arranged as
to avoid overcrowding.

Item 4r. Dairy barn. floors—The floors and gutters of such parts of all dairy
barns in which cows are milked shall be constructed of concrete or other approved
impervious and easily cleaned material, provided that if .the milk is to be pasteurized
tight wood may be used, shall be graded to drain properly, and shall be kept clean
and in good repair. No horses, pigs, fowl, calves, etc., shall be permitted in parts of
the barn used for milking.

Hem 5r. Dairy barn, walls and ceilings--The walls and ceilings of all dairy barns
shall be whitewashed once each year or painted once every 2 years, or oftener, if
necessary, or finished in an approved manner, and shall be kept clean and in good
repair. In case there is a second story above that part of the barn in which cows are
milked, the ceiling shall be tight. If the feed room adjoins the milking space, it shall
be separated therefrom by a dust-tight partition and door.

Hem 6r. Dairy barn, cowyard--All cowyards shall be graded and drained as well
as practicable and kept clean.

Item 7r. Manure disposal--All manure shall be removed and stored or disposed
of in such manner as best to prevent the breeding of flies therein or the access of
cows to piles thereof.

Item 8r. Milk house or room, construction—There shall be provided a milk house
or milk room in which the cooling, handling, and storing of milk and milk products
and the washing, bactericidal treatment, and storing of milk containers and utensils
shall be done, (a) The milk house or room shall be provided with a tight floor con-
structed of concrete or other impervious material, in good repair, and graded to
provide proper drainage, (b) It shall have walls and ceilings of such construction as
to permit easy cleaning, and shall be well painted or finished in an approved man-
ner, (c) It shall be well lighted and ventilated, (d) It shall have all openings effec-
tively screened including outward-opening, self-closing doors, unless other effective
means are provided to prevent the entrance of flies, (e) It shall be used for no other
purposes than those specified above except as may be approved by the health officer;
shall not open directly into a stable or into any room used for domestic purposes;
shall, unless the milk is to be pasteurized, have water piped into it; shall be pro-
vided with adequate facilities for the heating of water for the cleaning of utensils;
shall be equipped with two-compartment stationary wash and rinse vats, except that
in the case of retail raw milk, if chlorine is employed as the principal bactericidal
treatment, the three-compartment type must be used; and shall, unless the milk is
to be pasteurized, be partitioned to separate the handling of milk and the storage of
cleansed utensils from the cleaning and other operations, which shall be so located
and conducted as to prevent any contamination of the milk or of cleaned equipment.

Item 9r. Milk house or room, cleanliness and flies--The floors, walls, ceilings,
and equipment of the milk house or room shall be kept clean at all times. All means
necessary for the elimination of flies shall be used.

Item lOr. Toilet--Every dairy farm shall be provided with one or more sanitary
toilets conveniently located and properly constructed, operated, and maintained, so
that the waste is inaccessible to flies and does not pollute the surface soil or con-
taminate any water supply.

Item llr. Water supply--The water supply for the milk room and dairy barn
shall be properly located, constructed, and operated, and shall be easily accessible,
adequate, and of a safe sanitary quality.

Item 12r. Utensils, construction— All multi-use containers or other utensils used
in the handling, storage, or transportation of milk or milk products must be made of
smooth nonabsorbent material and of such construction as to be easily cleaned, and
must be in good repair. Joints and seams shall be soldered flush. Woven wire cloth
shall not be used for straining milk. All milk pails shall be of a smallmouth design
approved by the health officer. The manufacture, packing, transportation, and
handling of single-service containers and container caps and covers shall be con-

§ 5002 Civil Code Page 144

ducted in a sanitary manner.

Hem 13r. Utensils, cleaning--All multi-use containers, equipment, and other
utensils used in the handling, storage, or transportation of milk and milk products
must be thoroughly cleaned after each usage.

Item 14r. Utensils, bactericidal treatment— All multi-use containers, equipment,
and other utensils used in the handling, storage, or transportation of milk or milk
products shall between each usage be subjected to an approved bactericidal process
with steam, hot water, chlorine, or hot air.

Item 15r. Utensils, storage— All containers and other utensils used in the han-
dling, storage, or ti - ansportation of milk or milk products shall be stored so as not
to become contaminated before being used.

Item 16r. Utensils, handling— After bactericidal treatment no container or other
milk or milk product utensil shall be handled in such manner as to permit any part
of any person or his clothing to come in contact with any surface with which milk
or milk products come in contact.

Item 17r. Milking, udders and teats, abnormal milk--The udders and teats of all
milking cows shall be clean and rinsed with a bactericidal solution at the time of
milking. Abnormal milk shall be kept out of the milk supply and shall be so handled
and disposed of as to preclude the infection of the cows and the contamination of
milk utensils.

Item 18r. Milking, flanks— The flanks, bellies, and tails of all milking cows shall
be free from visible dirt at the time of milking.

Item 19r. Milkers' hands— Milkers' hands shall be clean, rinsed with a bacteri-
cidal solution, and dried with a clean towel immediately before milking and fol-
lowing any interruption in the milking operation. Wet-hand milking is prohibited.
Convenient facilities shall be provided for the washing of milkers' hands.

Item 20r. Clean clothing—Milkers and milk handlers shall wear clean outer gar-
ments while milking or handling milk, milk products, containers, utensils, or
equipment.

Item 21r. Milk stools—Milk stools shall be kept clean.

Item 22r. Removal of milk— Each pail of milk shall be removed immediately to
the milk house or straining room. No milk shall be strained or poured in the dairy
barn.

Item 23rd. Cooling— Milk must be cooled immediately after completion of milking
to 50° F. or less, and maintained at that average temperature, as defined in section
1 (S), until delivery. If milk is delivered to a milk plant or receiving station for
pasteurization or separation, it must be delivered within 2 hours after completion
of milking or cooled to 70° F. or less and maintained at that average temperature
until delivered.

Item 24r. Bottling and capping— Milk and milk products shall be bottled from
a container with a readily cleanable valve, or by means of an approved bottling ma-
chine. Bottles shall be capped by machine. Caps or cap stock shall be purchased in
sanitary containers and kept therein in a clean dry place until used.

Item 25r. Personnel, health— The health officer or a physician authorized by him
shall examine and take a careful morbidity history of every person connected with
a retail raw dairy, or about to be employed, whose work brings him in contact with
the production, handling, storage, or transportation of milk, milk products, con-
tainers, or equipment. If such examination or history suggests that such person
may be a carrier of or infected with the organisms of typhoid or paratyphoid fever
or any other communicable diseases likely to be transmitted through milk, he shall
secure appropriate specimens of body discharges and cause them to be examined
in a laboratory approved by him or by the State health authorities for such exam-
inations, and if the results justify such person shall be barred from such employ-
ment.

Such persons shall furnish such information, submit to such physical examina-
tions, and submit such laboratory specimens as the health officer may require for
the purpose of determining freedom from infection.

Page 145 Boards of Health and Health Provisions § 5002

Hem 26r. Miscellaneous— All vehicles used for the transportation of milk or milk
products shall be so constructed and operated as to protect their contents from the
sun and from contamination. All vehicles used for the transportation of milk or milk
products in their final delivery containers shall be constructed with permanent tops
and with permanent or roll-down sides and back, provided that openings of the size
necessary to pass the delivery man may be permitted in the sides or back for load-
ing and unloading purposes. All vehicles shall be kept clean, and no substance
capable of contaminating milk or milk products shall be transported with milk or
milk products in such manner as to permit contamination. All vehicles used for the
distribution of milk or milk products shall have the name of the distributor promi-
nently displayed.

The immediate surroundings of the dairy shall be kept in a neat, clean condition.

Grade B raw milk— Grade B raw milk is raw milk which violates the bacterial
standard and or the abortion testing requirement for grade A raw milk, but which
conforms with all other requirements for grade A raw milk, and has an average bac-
cerial plate count not exceeding 1,000,000 per cubic centimeter, or an average di-
rect microscopic count not exceeding 1,000,000 per cubic centimeter if clumps are
counted or 4,000.000 per cubic centimeter if individual organisms are counted, or an
average reduction time of not less than 3'i hours, as determined under sections
l (S) and 6.

Grade C raw milk— Grade C raw milk is raw milk which violates any of the re-
quirements for grade B raw milk.

Certified milk-pasteurized— Certified milk-pasteurized is certified milk-raw which
has been pasteurized, cooled, and bottled in a milk plant conforming with the re-
quirements for grade A pasteurized milk.

Grade A pasteurized milk— Grade A pasteurized milk is grade A raw milk, with
such exceptions as are indicated if the milk is to be pasteurized, which has been
pasteurized, cooled, and bottled in a milk plant conforming with all of the following
items of sanitation and the average bacterial plate count of which at no time after
pasteurization and until delivery exceeds 30,000 per cubic centimeter, as deter-
mined under sections 1 (S) and 6.

The grading of a pasteurized milk supply shall include the inspection of re-
ceiving and collecting stations with respect to items lp to 15p, inclusive, and 17p,
19p, 22p, and 23p, except that the partitioning requirement of item 5p shall not
apply.

Item lp. Floors— The floors of all rooms in which milk or milk products are
handled or stored or in which milk utensils are washed shall be constructed of con-
crete or other equally impervious and easily cleaned material and shall be smooth,
properly drained, provided with trapped drains, and kept clean.

Item 2p. Walls and ceilings— Walls and ceilings of rooms in which milk or milk
products are handled or stored or in which milk utensils are washed shall have a
smooth, washable, light-colored surface and shall be kept clean.

Item 3p. Doors and windows— Unless other effective means are provided to
prevent the access of flies, all openings into the outer air shall be effectively screened
and doors shall be self-closing.

Item 4p. Lighting and ventilation— All rooms shall be well lighted and ventilated.

Item 5p. Miscellaneous protection from contamination— The various milk-plant
operations shall be so located and conducted as to prevent any contamination of the
milk or of the cleaned equipment. All means necessary for the elimination of flies
shall be used. There shall be separate rooms for (a) the pasteurizing, processing,
cooling, and bottling operations, and (b) the washing and bactericidal treatment of
containers. Cans of raw milk shall not be unloaded directly into the pasteurizing
room. Pasteurized milk or milk products shall not be permitted to come in contact
with equipment with which unpasteurized milk or milk products have been in con-
tact, unless such equipment has first been thoroughly cleaned and subjected to bac-
tericidal treatment. Rooms in which milk, milk products, cleaned utensils, or con-
tainers are handled or stored shall not open directly into any stable or living quar-
ters. The pasteurization plant shall be used for no other purposes than the processing

§ 5002 Civil Code Page 146

01 milk and milk products and the operations incident thereto, except as may be
approved by the health officer.

Hem 6p. Toilet facilities—Every milk plant shall be provided with toilet facili-
ties conforming with the rules and regulations of the State. Toilet rooms shall not
open directly into any room in which milk, milk products, equipment, or containers
are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms
shall be kept in a clean condition, in good repair, and well ventilated. In case privies
or earth closets are permitted and used, they shall be of a sanitary type constructed
and operated in conformity with the requirements of item lOr, grade A raw milk.

Item 7p. Water supply--The water supply shall be easily accessible, adequate,
and of a safe, sanitary quality.

Item 8p. Hand-washing facilities—Convenient hand-washing facilities shall be
provided, including warm running water, soap, and approved sanitary towels. The
use of a common towel is prohibited.

Item 9p. Sanitary piping--All piping used to conduct milk or milk products shall
be "sanitary milk piping" of a type which can be easily cleaned with a brush. Pas-
teurized milk and milk products shall be conducted from one piece of equipment to
another only through sanitary milk piping.

Item lOp. Construction and repair of containers and equipment—All multi-use
containers and equipment with which milk or milk products come in contact shall
be constructed in such manner as to be easily cleaned and shall be kept in good re-
pair. The manufacture, packing, transportation, and handling of single-service con-
tainers and container caps and covers shall be conducted in a sanitary manner.

Item lip. Disposal of wastes--All wastes shall be properly disposed of.

Item 12p. Cleaning and bactericidal treatment of containers and equipment—All
milk and milk products containers and equipment, except single-service containers,
shall be thoroughly cleaned after each usage. All containers shall be subjected to an
approved bactericidal process after each cleaning and all equipment immediately be-
fore each usage. When empty and before being returned to a producer by a milk
plant each container shall be effectively cleaned and subjected to bactericidal treat-
ment.

Item 13p. Storage of containers and equipment— After bactericidal treatment all
bottles, cans, and other multi-use milk or milk-products containers and equipment
shall be stored in such manner as to be protected from contamination.

Item 14p. Handling of containers and equipment— Between bactericidal treat-
ment and usage, and during usage, containers and equipment shall not be handled
or operated in such manner as to permit contamination of the milk.

Item 15p. Storage of caps, parchment paper, and single-service containers— Milk-
bottle caps or cap stock, parchment paper for milk cans, and single-service contain-
ers shall be purchased and stored only in sanitary tubes and cartons, respectively,
and shall be kept therein in a clean dry place.

Item 16p. Pasteurization— Pasteurization shall be performed as described in sec-
tion 1 (L) of these rules and regulations.

Item 17p. Cooling— All milk and milk products received for pasteurization shall
immediately be cooled in approved equipment to 50° F. or less and maintained at
that temperature until pasteurized, unless they are to be pasteurized within 2 hours
after receipt; and all pasteurized milk and milk products shall be immediately cooled
in approved equipment to an average temperature of 50° F. or less, as defined in
section 1 (S) and maintained thereat until delivery.

Item 18p. Bottling—Bottling of milk and milk products shall be done at the
place of pasteurization in approved mechanical equipment.

Item 19p. Overflow milk— Overflow milk or milk products shall not be sold for
human consumption.

Item 20p. Capping— Capping of milk and milk products shall be done by ap-
proved mechanical equipment. Hand capping is prohibited. The cap or cover shall
cover the pouring lip to at least its largest diameter.

Page 147 Boards of Health and Health Provisions § 5002

Item 21p. Personnel, health— The health officer or a physician authorized by him
shall examine and take a careful morbidity history of every person connected with
a pasteurization plant, or about to be employed, whose work brings him in contact
with the production, handling, storage, or transportation of milk, milk products,
containers, or equipment. If such examination or history suggests that such person
may be a carrier of or infected with the organisms of typhoid or paratyphoid fever
or any other communicable diseases likely to be transmitted through milk, he shall
secure appropriate specimens of body discharges and cause them to be examined in
a laboratory approved by him or by the State health authorities for such examina-
tions, and if the results justify such person shall be barred from such employment.

Item 22p. Personnel, cleanliness--All persons coming in contact with milk, milk
products, containers, or equipment shall wear clean outer garments and shall keep
their hands clean at all times while thus engaged.

Item 23p. Miscellaneous— All vehicles used for the transportation of milk or milk
products shall be so constructed and operated as to protect their contents from the
sun and from contamination. All vehicles used for the transportation of milk or milk
products in their final delivery containers shall be constructed with permanent tops
and with permanent or roll-down sides and back, provided that opening of the size
necessary to pass the delivery man may be permitted in the sides or back for load-
ing and unloading purposes. All vehicles shall be kept clean, and no substance ca-
pable of contaminating milk or milk products in such manner as to permit contamina-
tion. All vehicles used for the distribution of milk or milk products shall have the
name of the distributor prominently displayed.

The immediate surroundings of the milk plant shall be kept in a neat, clean
condition.

Grade B pasteurized milk— Grade B pasteurized milk is pasteurized milk which
violates the bacterial standard for grade A pasteurized milk and or the provisions
of lip-cover caps of item 20p and or the requirement that grade A raw milk be used,
but which conforms with all other requirements for grade A pasteurized milk, has
been made from raw milk of not less than grade B quality, and has an average
bacterial plate count after pasteurization and before delivery not exceeding 50,000
per cubic centimeter, as determined under sections 1 (S) and 6.

Grade C pasteurized milk— Grade C pasteurized milk is pasteurized milk which
violates any of the requirements for grade B pasteurized milk.

Section 8. Grades of milk and milk products which may be sold— From and after
the date on which these rules and regulations take effect no milk or milk products
shall be sold to the final consumer or grocery stores, or similar establishments except
A, B, and C raw, A and B pasteurized and certified: provided, that when any milk
distributor fails to qualify for one of the above grades the health officer is author-
ized to revoke his permit, or in lieu thereof to degrade his product and permit its
sale during a temporary period not exceeding 30 days or in emergencies such longer
period as he may deem necessary.

Section 9. Supplementary grading prescribed and regrading authorized— If at any
time between the regular announcements of the grades of milk or milk products, a
lower grade shall become justified, in accordance with sections 5, 6, and 7 of these
rules and regulations, the health officer shall immediately lower the grade of such
milk or milk products, and shall enforce proper labeling and placarding thereof.

Any producer or distributor of milk or milk products the grade of which has been
lowered by the health officer, and who is properly labeling his milk and milk prod-
ucts, may at any time make application for the regrading of his product.

Upon receipt of a satisfactory application, in case the lowered grade is the result
of an excessive average bacterial plate count, direct microscopic count, reduction
time, or cooling temperature, the health officer shall take further samples of the ap-

§ 5002 Civil Code Page 148

plicant's output, at a rate of not more than two samples per week. The health officer
shall regrade the milk or milk products upward whenever the average of the last
four sample results indicates the necessary quality, but not before the lapse of 2
weeks from the date of degrading.

In case the lowered grade of the applicant's product is due to a violation of 'an
item of the specifications prescribed in section 7, other than average bacterial plate
count, direct microscopic count, reduction time, or cooling temperature, the said
application must be accompanied by a statement signed by the applicant to the effect
that the violated item of the specifications has been conformed with. Within 1 week
of the receipt of such an application and statement the health officer shall make a
reinspection of the applicant's establishment, and thereafter as many additional
reinspections as he may deem necessary to assure himself that che applicant is again
complying with the higher grade requirements, and, in case the findings justify,
shall regrade the milk or milk products upward, but not before the lapse of 2 weeks
from the date of degrading.

Section 10. Transferring or dipping milk; delivery containers; handling of more
than one grade; delivery of milk at quarantined residences— Except as permitted in
this section, no milk producer or distributor shall transfer milk or milk products
from one container to another on the street, or in any vehicle or store, or in any
place except a bottling or milk room especially used for that purpose. The sale of
dip milk is hereby prohibited.

All pasteurized milk and milk products shall be placed in their final delivery con-
tainers in the plant in which they are pasteurized, and all raw milk and milk prod-
ucts sold for consumption in the raw state shall be placed in their final delivery
containers at the farm at which they are produced. Milk and milk products sold in
the distributor's containers in quantities less than 1 gallon shall be delivered in
standard milk bottles or in single-service containers. It shall be unlawful for hotels,
soda fountains, restaurants, groceries, and similar establishments to sell or serve
any milk or milk product except in the original container in which it was received
from the distributor or from a bulk container equipped with an approved dispensing
device: provided, that this requirement shall not apply to cream consumed on the
premises, which may be served from the original bottle or from a dispenser ap-
proved for such service.

It shall be unlawful for any hotel, soda fountain, restaurant, grocery, or similar
establishment to sell or serve any milk or milk products which have not been main-
tained, while in its possession, at a tmperature of 50° F. or less.

No milk or milk products shall be permitted to come in contact with equipment
with which a lower grade of milk or milk products has been in contact unless such
equipment has first been thoroughly cleaned and subjected to bactericidal treatment.

Bottled milk or milk products, if stored in water, shall be so stored that the tops
of the bottles will not be submerged.

It shall be the duty of all persons to whom milk or milk products are delivered to
clean thoroughly the containers in which such milk or milk products are delivered
before returning such containers. Apparatus, containers, equipment, and utensils
used in the handling, storage, processing, or transporting of milk or milk products
shall not be used for any other purpose without the permission of the health officer.

The delivery of milk or milk products to and the collection of milk or milk-prod-
ucts containers from residences in which cases of communicable disease transmissible
through milk supplies exist shall be subject to the special requirements of the
health officer.

Section 11. Milk and milk products from points beyond the limits of routine in-
spection—Milk and milk products from points beyond the limits of routine inspec-
tion of the State may not be sold in the State unless produced and/or pasteurized
under provisions equivalent to the requirements of this ordinance: provided, that
the health officer shall satisfy himself that the health officer having jurisdiction
over the production and processing is properly enforcing such provisions.

Page 149 Boards of Health and Healtk Provisions § 5002

Section 12. Future dairies and milk plants--All dairies and milk plants from which
milk or milk products are supplied to the State which are hereafter constructed, re-
constructed, or extensively altered shall conform in their construction to the re-
quirements of this ordinance for grade A and B dairy farms producing milk for
consumption in the raw state, or for grade A pasteurization plants, respectively:
provided, that the requirement of a two-room milk house shall be waived in the
case of dairies the milk from which is to be pasteurized. Properly prepared plans
for all dairies and milk plants which are hereafter constructed, reconstructed, or
extensively altered shall be submitted to the health officer for approval before
work is begun. In the case of milk plants signed approval shall be obtained from
the health officer and/or the state health department.

Section 13. Notification of disease--Notice shall be sent to the health office imme-
diately by any producer or distributor of milk or milk products upon whose dairy
farm or in whose milk plant any infectious, contagious, or communicable disease
occurs.

Section 14. Procedure when infection suspected--When suspicion arises as to the
possibility of transmission of infection from any person concerned with the handling
of milk or milk products, the health officer is authorized to require any or all of the
following measures: (1) The immediate exclusion of that person from milk handling,

(2) the immediate exclusion of the milk supply concerned from distribution and use,

(3) adequate medical and bacteriological examination of the person, of his asso-
ciates, and of his and their body discharges.

Section 15. Enforcement interpretation—These rules and regulations shall be en-
forced by the health officer in accordance with the interpretations thereof con-
tained in the 1939 edition of the United States public health service milk code, a
certified copy of which shall be on file in the office of the secretary of state.

REGULATIONS GOVERNING THE CONTROL OF MOSQUITO PRODUCTION

ON IMPOUNDED WATERS

In order to prevent an increase in the prevalence of malaria and to avoid the
formation of foci of endemic malaria by the impounding of waters and to safeguard
the public health, under and by virtue of authority vested in it by the Legislature of
South Carolina in section 5002, Code of 1932, the South Carolina state board of
health by and through its executive committee, at a meeting held in Columbia,
South Carolina, by resolutions duly passed, adopted the following rules and regula-
tions and does hereby promulgate and publish the same which shall govern the im-
pounding of waters or damming of water courses in the State of South Carolina.
These rules and regulations amend and supplement rules and regulations adopted
October 2 1924, and promulgated October 31, 1924.

Section 1. Any person, firm, corporation, county, municipality, or other political
subdivision desiring to impound water for any purpose whatever, other than for the
sole purpose of watering stock, shall, prior to the initiation of any construction ac-
tivities, make application to and obtain from the state board of health a construction
permit for the impounding of such water.

Section 2. Such application for a construction permit shall be made in writing in
the name of the person, firm, corporation, county, municipality, or other political sub-
division making application, and shall be accompanied by a description of the pro-
posed project, its purpose and its exact location; also by an accurate plat of the
area to be affected showing particularly the maximum and minimum water levels
and a copy of detailed specifications for clearing the proposed reservoir.

Section 3. A temporary permit for the inauguration of initial construction shall be
issued by the state board of health subject to the following rules and regulations, or
modifications thereof approved by the executive committee of the state board of
health.

3a. All laborers employed in the construction of the dam and the impounding of
the water and appurtinent work shall be housed in mosquito-proof houses when
house in camps or barracks or other communal houses, and such steps taken for

§ 5002 Civil Code Page 150

control of mosquito production in the vicinity of the camps, barracks, or other com-
munal houses as may be necessary to prevent the infection of malaria mosquitoes
and the introduction of malaria into this locality.

3b. (1) In the area to be occupied by the reservoir, its branches, bights, and in-
dentations, all brush, trees, and undergrowth below the minimum low-water eleva-
tion shall be cut off not more than 18" above the normal ground elevation and shall
be removed or burned or otherwise disposed of in a manner satisfactory to the
executive committee of the state board of health.

(2) In the area to be occupied by the reservoir, its branches, bights, and indenta-
tions, all brush, trees, logs, undergrowth, stumps, and other objects below the mini-
mum low-water elevation, which if not removed would pierce the water surface at
minimum water elevation or float on the surface of the impounded water soon after
the impounding of the water and all of the above material that is lying on the
ground or remaining in the original or new positions which might cause collections
of floatage and thus constitute conditions favorable to the protection of larvae of
mosquitoes capable of conveying malaria, shall be removed or burned or otherwise
disposed of in a manner satisfactory to the executive committee of the state board
of health prior to the impounding of water.

3c. In the area to be occupied by the reservoir, its branches, bights, indentations,
all brush, trees, and undergrowth between the minimum and maximum water ele-
vations shall be cut off not more than 6" above the normal ground elevation and
shall be removed or completely burned prior to the impounding of the water to
prevent the collection and anchorage of any floatage, rafts, etc.

3d. The shoreline of the reservoir, its branches, bights, and indentations from
minimum low-water level to a line five feet horizontally beyond maximum high-
water level, shall be cleared and maintained clear of all brush and undergrowth.
Large trees need not be removed from this strip.

3e. During the mosquito breeding season larvacides approved by the executive
committee to the state board of health shall be applied regularly, in the manner di-
rected by the executive committee of the state board of health, to any or all sections
of the shore line of the reservoir, its branches, bights and indentations and to any
other collections of water within the property lines of the impounding area in which
mosquitoes are breeding. The use of larvacides for mosquito control may be per-
mitted by the executive committee of the state board of health in lieu of clearing
underbrush and undergrowth along any section of the shore line of the reservoir, its
branches, bights, and indentations which in the judgment of the executive commit-
tee of the state board of health is better adapted to the purpose but nothing in these
regulations is to be construed as authorizing the cutting and clearing of underbrush
and undergrowh as an alternate to the use of larvacides for mosquito control.

3f. When possible, and advisable in the opinion of the state board of health or
its executive committee, the water elevation shall be fluctuated according to sched-
ule approved by the state board of health or its executive committee.

3g. An open walk-way for the purpose of inspections and oiling with hand
sprays, shall be cleared and maintained along at least one bank of each creek, branch
and bights, from the property line down to a point which can be reached by an oil
spray-boat operating from the lake.

3h. All depressions which will be filled with water from the reservoir, its branches,
bights, and indentations at time of maximum water level, in which water will be
retained at lower stages of the water level, thus forming separate pools, shall be
connected with the normal body of the reservoir, or any of its branches, bights, or
indentations, with a ditch which will permit complete drainage, or shall be con-
trolled by the regular, periodic use of approved larvacides as permitted and directed
by the executive committee of the state board of health.

Section 4. A preliminary permit for the impounding of water having been granted
by the executive committee of the state board of health, and construction work on
the project begun, a representative or representatives of the state board of health
shall make inspections of the project from time to time or as requested by the permit

Page 151 Boards of Health and Health Provisions § 5002

holder; and the state board of health shall approve in writing of that portion of the
work as is outlined in section 3 of the regulations which has been satisfactorily com-
pleted. As the said representative of the state board of health determines that the
preliminary permit holder has complied with the provisions of sub-section 3b of
these regulations and as it shall appear that the preliminary permit holder has com-
plied with the provisions of sub-section 3c of these regulations the permit holder may
thereupon proceed gradually as authorized by written approval from the executive
committee of the state board of health, with the impounding of water to a level spe-
cified by said state board of health, and, when it shall appear that the permit
holder has complied with the provisions of sub-sections 3a, 3b, 3c and 3d of these
regulations to the satisfaction of the executive committee of the state board of
health, said executive committee of the state board of health shall certify such fact
to the permit holder in writing and the permit holder may thereupon proceed with
the impounding of water to maximum high-water level.

Section 5. The executive committee of the state board of health shall thereupon
issue a final permit for the maintenance of an impounding project by said applicant,
the validity of such permit being contingent upon the observance of sub-sections 3d,
3e, 3f, 3g, and 3h and the following:

5a. During the mosquito breeding season the permit holder shall regularly and
frequently remove all floatage and floating debris in the reservoir, its branches,
bights, and indentations which are producing mosquitoes, and shall during mosquito
breeding season satisfactorily apply such larvacides as are approved, and in the
manner directed by the executive committee of the state board of health to all ano-
pheles breeding areas of the reservoir or parts of the impounded water.

5b. After the water has been impounded the executive committee of the state
board of health through its representative shall make such inspections of the im-
pounded waters and adjacent areas as are deemed essential; and any conditions found
on the impounded water project that are, or may be detrimental to the public health,
or are likely to cause an increase of malaria, shall be modified by the permit holder
so as to be satisfactory to the executive committee of the state board of health.

5c. These regulations shall govern any change in water level and as soon as any
proposed changes affecting the maximum elevation are contemplated, the executive
committee of the state board of health shall be notified in writing.

5d. No waters impounded in the future shall be used as a source of domestic
water supply unless upon written approval from the executive committee of the
state board of health, and under conditions stipulated in such permit.

Section 6. Failure to comply with the provision of any section or sub-section of
these regulations, after notice thereof, constitutes a violation thereof, and shall con-
stitute according to section 5003, Code of 1932, a misdemeanor, punishable as pro-
vided in that section.

SCHOOLS
Section 1. Heating, lighting and ventilation.

All schools and colleges in South Carolina must be properly heated and lighted
and provided with proper methods of ventilation sufficient to furnish each pupil
3,000 cubic feet of fresh air per hour.

Section 2. Drinking water — abolition of common drinking cup.

All schools must be provided with an adequate supply of pure drinking water,
and proper care must be taken by the school trustees to prevent contamination of
surface wells. The use of the common drinking cup is forbidden in all schools in
South Carolina.

Section 3. Sanitary toilets, septic tanks or privies to be provided for all schools.

Separate privies must be provided in every school in South Carolina for girls and
boys. Where there is no sewerage system or septic tanks these privies must be built
according to the plans approved by the state board of health.

Section 4. Dry sweeping prohibited.

All schools must be swept at least one hour before school opens, and no sweeping

§ 5002 Civil Code Page 152

permitted during school hours.
Section 5. Proper fire escape.

The doors to all school houses in South Carolina must open outward and adequate
tire escapes must be provided in all schools over one story in height. Fire drills
must be held once each month.

Section 6. Vaccination.

No child shall be permitted to any school in South Carolina unless successfully
vaccinated within the last ten years.

Section 7. Contagious diseases.

Children suffering from contagious diseases shall not be allowed to attend school
except upon written permission from the attending physician stating the child can
no longer transfer the disease from which it suffered. Children coming from a
household in which contagious disease exists, not suffering from said contagious
disease, may attend school upon written certificate from attending physician stating
that the child has not been exposed to the disease for the maximum period of incu-
bation of that disease, or in the case of smallpox, provided the child has
complied with the laws relative to vaccination againsf this disease or until said
child has been insured against further contact with the case of smallpox.

Section 8. No person, teacher or others shall be employed in any capacity in or
about a building for school purposes who is infected with tuberculosis in a com-
municable stage or any other communicable disease, nor shall a child so infected
be allowed in the schools of this State, public or private.

MISCELLANEOUS REGULATIONS

Section 1. All textile and industrial plants, mercantile establishments and other
places where more than five people are employed are required to furnish their em-
ployees sanitary drinking fountains, or individual sanitary drinking cups, and to
keep receptacles in which drinking water is kept properly covered so as to exclude
dust, etc.

Section 2. Drinking fountains--If drinking fountains are furnished and are the
bubbling type, they shall be so made that the drinking is from a free jet projected
at an angle to the vertical, and not from a jet that is projected vertically or that
Sows through a filled cup or bowl.

Section 3. Spitting on the floors or walls of any public buildings, boats, railroad
cars, buses, or any buildings opened to or frequented by the public is hereby strictly
forbidden.

NUISANCES-DEFINED
Section 1. Whatever is dangerous to human health, whatever renders the ground,
air or food a hazard or injury to human health, and the following acts, conditions
and things, are, each and all of them, hereby declared to constitute a nuisance:

(a) The maintenance of any barn, stable, chicken yard or manure pile in such
manner that the same is a breeding place for flies or liable to become so if within
500 feet of a residence.

(b) The deposit of garbage in any but fly-proof and watertight receptacles, where
residences are less than 500 feet apart.

(d) Growth of weeds where mosquitoes may harbor or rubbish may be con-
cealed, where residences are less than 500 feet apart.

(e) The maintenance of any except sanitary privies where residences are less
than 500 feet apart.

(f) The keeping of any building, or any part of a building, which, on account of
its dilapidated condition or its occupancy by any person afflicted with communicable
disease, or by filthy tenants, may endanger the life or health of residents therein or
in the vicinity thereof.

(g) The discharge of sewage, garbage or any other organic filth into or upon any
place in such manner that transmission of infective material to human beings may
result therefrom.

Page 153 Boards of Health and Health Provisions § 5002

(h) The maintaining or carrying on of manufacture of chemicals, or any other
trade or manufacture in such manner as to be a menace to the public health through
improper or inadequate disposal of dust wastes or fumes.

Section 2. No house refuse, offal, garbage, dead animals, decaying vegetable mat-
ter, or organic waste of any kind shall be thrown upon any street, road, or public
place; and no such refuse, putrescible or decaying animal or vegetable matter shall
be kept in house, cellar, or adjoining outhouses or premises for more than forty-
eight hours in any incorporated or unincorporated city, town, village, or built-up
community. All receptacles for such garbage, etc., shall be so constructed as to be
of sufficient dimensions for the reception of all garbage, and shall be water-tight,
made of tight-matched lumber or galvanized iron, and shall stand at least nine
inches from the ground, and be provided with a suitable cover, which must be kept
properly adjusted to same, so as to protect the contents from flies, insects, rats and
animals, or vermin. All garbage or refuse contents must be emptied at least once
every forty-eight hours.

PIT PRIVIES

Section 1. That all sanitary privies constructed in the State under section 5041,
Code 1932, shall conform to plans and specifications of the state board of health,
which will be furnished by the local county health officer.

Section 2. That they shall be maintained in the following manner:

(1) Place about half a bushel of stable manure in the new pit.

(2) Keep all parts of building clean and in good repair.

(3) Should the pit cave in it must be repaired promptly.

(4) The lid on the seat must be kept closed at all times when it is unoccupied.

(5) Only toilet paper should be used. Other heavier material will cause the pit
to fill more rapidly.

(6) Permit no light to enter the pit through small holes or cracks. The presence
of cracks allows flies to enter. Keep the screening on the riser ventilator in good
repair.

(7) During the months from April to October a cup full of kerosene emptied into
the pit once a week will tend to prevent the possible breeding of mosquitoes.

(8) When the privy contents reach within 18 inches of the top of the pit the build-
ing must be removed to a new pit and the old pit completely filled with earth.

(9) The mound must be maintained at all times in such a manner that it will
have a smooth, gentle slope from mud sill to original ground surface.

This privy is an investment for protecting the health of you, your family, and your
neighbors. Protect your health and investment by maintaining the privy according
to directions.

Section 3. When any privy is to be condemned it shall be in the following manner:

(a) A notice shall be nailed on the door of the privy stating that it is not being
maintained in a sanitary manner, and that it will have to be put in a sanitary condi-
tion before the elapse of seven days. This notice is to be signed and dated by the
county health officer. When the seven days have elapsd an inspection shall be made,
and if the privy is still in an unsanitary condition, the following notice shall be
nailed across the door so that it will have to be broken: "Unsanitary, Unlawful to
use," and signed by the county health officer.

RULES AND REGULATIONS GOVERNING WELLS AND SPRINGS
Section 1. No water furnished to the public for domestic use from wells and/or
springs shall contain bacteriological, biological, chemical, or physical impurities
which may injuriously affect or tend to affect public health.

Section 2. Wells: (a) All wells used as a public source of supply for domestic pur-
poses whether dug, driven point, or drilled and cased shall be so located, con-
structed, and topped and the pump so attached as to prevent pollution of the well
water.

(b) Newly constructed and/or reconstructed wells, pumps, water pressure sys-
tems, and new piping shall be adequately sterilized. The water shall subsequently

§ 5002 Civil Code Page 154

be tested for bacteriological cleanliness by either the state board of health or a lab-
oratory approved by the state board of health before such water is used.

Section 3. Springs: All springs used as a public source of supply for domestic pur-
poses shall be amply protected against pollution. The water shall be tested by the
state board of health or by a laboratory approved by the state board of health be-
fore being used.

SWIMMING POOLS
Section 1. Classiiication of bathing places--Bathing places may be divided into
three classes:

a. Natural outdoor ponds, rivers, tidal waters, etc.

b. Outdoor pools which are partly artificial and partly natural in character.

c. Pools, outdoor or indoor which are entirely of artificial construction.
Natural ponds and rivers are necessarily dependent upon natural flow or upon

wind and wave action for circulation of the water. Artificial and partly artificial
pools may be divided into four classes, according to the method by which water is
obtained.

a. Large semi-artificial pools in which the water cleanliness is maintained by nat-
ural flow or circulation.

b. Fill and draw pools where cleanliness of water is maintained by complete re-
moval and replacement of the water at periodic intervals.

c. Flowing through pools where cleanliness is maintained by circulation of water
through the pool from some natural or artificial source, but where the outflowing
water is wasted.

d. Recirculation pools in which the circulation of water is maintained through
the pool by pumps, the water drawn from the pool being clarified by filtration be-
fore being returned.

Section 2. General principles of bathing place sanitation.

a. All public bathing places, both natural and artificial, shall have the same stand-
ard of cleanliness and bacterial purity of the water, and the same precaution against
the possible spread of disease.

b. All artificial and semi-artificial pools, whether located indoors or outdoors,
shall be so designed and have the necessary equipment to maintain cleanliness of
the pool, and maintain the same purity of the water with which the pool is filled.

c. At all public bathing beaches on natural waters the same sanitary standards
shall apply to bathing houses, dressing rooms, toilet facilities, and to the handling
and care of bathing suits, towels and other bathing apparel.

d. Sanitary drinking fountains with a supply of pure water shall be installed at
all bathing places.

e. The common use of towels, drinking cups, combs, hair brushes and other toilet
articles is prohibited.

Section 3. Bathing beaches

a. The water at all public bathing beaches on natural streams, lakes and tidal
waters shall be of the same standard and quality as is required for pools.

b. The shore and bottom of a natural beach shall be covered with not less than 12
inches of good sand where the water is less than 6 feet deep, and shall be free from
obstructions, swift and dangerous currents, no sudden drops, holes or submerged
rocks, within the bathing area.

Section 4. Location and layout of the pool

a. The layout and entrances and exits in relation to dressing rooms, showers, and
toilets should be such as to enforce proper routine of bathers. Coming from the
dressing room a bather should be required to pass the toilet and go through the
shower room before arriving at the pool entrance, and should leave the pool con-
trariwise. Entrances and exits should be located at shallow-water portion of the pool.

b. At pools used simultaneously by both sexes, separate entrances and exits shall
be provided for men and women. There shall be no connection between the men and

Page 155 Boards of Health and Health Provisions § 5002

women's quarters.

c. Entrances and exits shall be located at the shallow-water portion of the pool.
Section 5. Design and construction

a. Material which will provide a tight tank with smooth and easily cleaned sur-
faces shall be used for artificial pools.

b. The pool shall be so designed that there will be complete circulation of water
through all parts of the pool during bathing periods.

c. Artificial pools shall be so designed that the shallow water will be at one end
and the deep water at, or near, the other end.

d. The deep portion of any pool shall not be less than 6 feet.

e. The slope of the bottom of any part of the pool where the depth of the water is
less than 6 feet shall not be more than 1 foot to 15 feet. There shall be no sudden
changes in depth within the area where the water is less than 6 feet.

f. The side and end walls on all artificial and semi-artificial pools shall be vertical.

g. In all artificial or semi-artificial pools the corners shall be rounded. The use of
paint or similar material to obtain a light colored finish shall not be permitted.

Section 6. Proportioning pool area

a. An area extending 10 feet from the extremity of a diving board or tower shall
be considered as reserved for divers, and not more than 3 persons shall be permitted
in the water in this area at one time when diving is in progress.

b. The requirements for adult swimmers is 36 square feet, and non-swimmers is
10 feet.

Section 7. Inlets and outlets

a. All pools shall be provided with sufficient outlet at the deepest point of suffi-
cient size to permit the complete emptying of the pool in 4 hours or less. Outlet
openings in the floor shall be at least 4 times the area of the discharge pipe to re-
duce suction currents.

b. Inlets for fresh or re-purified water shall be so located as to produce, as far as
possible, a uniform circulation of the water throughout the entire pool.

Section 8. Scum gutters

a. All artificial pools shall have scum gutters completely around the pool. The
design shall be such that the top of the gutter will be on a level and the inside
on such a grade that all water going into the gutter will flow to the outlet.

b. The edge of the scum gutter shall be so constructed as to serve as a hand-hold
for the bathers.

c. All scum gutters shall be recessed into the pool wall.
Section 9. Steps and ladders

a. All steps and ladders shall be of such construction as to minimize danger of
accidents. The tread shall be of nonslip material. All steps and ladders shall have
hand rails on either side leading out over the runway.

Section 10. Runways and sidewalks

a. There shall be a runway extending around the entire pool not less than 4 feet
wide, of material which can be easily cleaned and of non-slip construction. This
runway shall be so constructed that water cannot drain back into the pool.

b. The use of sand or grass for runways is not allowed.
Section 11. Dressing rooms

a. Bath houses to be used simultaneously by both men and women shall be in two
parts, one for each sex, entirely separated by tight partitions.

b. Floors of all dressing rooms and lockers shall be of smooth finish material,
impervious to moisture, with no open cracks or joints; all floors shall have a pitch
of at least one-quarter inch to the foot and shall slope to a proper drain to permit
washing down with a hose. All junctions of the floors to side walls shall be fin-
ished with rounded joints.

c. All partitions between dressing compartments shall terminate not less than 4
inches from the floor to permit flushing of the entire floor area.

d. All dressing rooms and appurtenances shall be kept clean at all times. All

§ 5002 Civil Code Page 156

lockers and floors shall be sprayed at frequent intervals with an insecticide and dis-
infectant.

Section 12. Showers, toilets, and lavatories

a. Adequate shower bath facilities with both hot and cold water shall be pro-
vided at all artificial pools. The minimum number of showers provided shall be in
the proportion of one for each 40 bathers.

b. At public bathing beaches a sufficient number of showers shall be provided to
permit all bathers to rinse off sand and dirt before entering dressing rooms.

c. Adequate and proper toilet facilities for each sex shall be provided at all pools
and beach bath houses. The minimum number shall be one toilet for each 40 women,
and one toilet and one urinal for each 60 men.

d. Water flush toilets shall be used, and where no sewer line is available, septic
tanks of a type approved by the State Board of Health shall be installed.

e. Lavatories located adjacent to toilets shall be provided at all swimming pools
in the proportion of one for each 60 persons using the pool.

Section 13. Lighting, ventilation, and heating

a. A complete system of artificial lighting shall be provided for all pools, bathing
beaches, bath houses, and dressing rooms which are to be used at night.

b. Lighting fixtures shall be of such number and design as to light all parts of the
pool and the water therein.

c. Arrangement and design of lights shall be such that life guards may see clearly
every part of the bathing waters at a beach or pool, and all spring boards, towers,
floats, and other apparatus without being blinded by the light.

d. All indoor pools and all bath houses, dressing rooms, shower rooms, and toilets
at both indoor and outdoor pools and beaches shall be properly ventilated.

Section 14. Diving towers, springboards, and iloats--Diving towers shall be rig-
idly constructed and properly anchored. Fixed platforms and floats shall have an
air space of at least a foot beneath. At least 12 feet free head room shall be provided
above diving boards and towers. No diving board more than 10 feet above water
level shall be permitted, and the following safe depths for diving are recommended:
One foot platform, 5 feet; 3-foot platform, 6 feet; 5-foot platform, 7 feet; 7-foot plat-
form, 8 feet; 10-foot platform, 9 feet.

Section 15. Emergency equipment

a. Pole hooks, ropes, buoys, and other necessary life-saving equipment shall be
provided and be readily accessible at all pools and bathing places.

b. A first aid kit containing aromatic ammonia, tincture of iodine, sterile gauze,
absorbent cotton, surgeon's plaster and bandages of various widths shall be pro-
vided for emergency use at all public bathing places.

c. At all beaches the bathing area shall be marked off by ropes or some other sat-
isfactory markers.

Section 16. Suits, towels

a. At indoor pools used exclusively by men, nude bathing is required, and at in-
door pools used exclusively by women, bathing suits shall be of the simplest type.

b. All suits and towels shall be kept strictly separate from those which have been
used and unlaundered. Clean suits and towels shall not be stored on shelves, han-
dled in baskets or passed out over counters where soiled suits have been.

c. All suits and towels shall be washed with soap and boiling water, rinsed and
thoroughly dried each time they are used.

Section 17. Attendants

a. A swimming instructor, bathing master, or other qualified attendant shall be
on duty at the pool side at all times when the pool is open to use by bathers. Such
attendant shall have full charge of bathing and is authorized to enforce all rulesof
safety and sanitation.

b. At all public beaches one or more life guards shall be on duty during all bath-
ing hours.

c. No bather shall be permitted to enter the pool enclosure unless an attendant or

Page 157 Boards of Health and Health Provisions § 5002

other competent person is present.

d. Whenever a pool is empty, entrance of all persons except pool attendants must
be prevented.

Section 18. Personal regulations

a. All persons using a swimming pool shall, before entering a pool, take a shower
bath.

b. Any person having any skin disease, sore or inflamed eyes, cold, nasal or ear
discharges, or any communicable disease, shall not be allowed to use any public
swimming pool.

c. Spitting, sputing of water, blowing the nose, etc., in the pool is prohibited.

d. Placards giving the above information shall be conspicuously posted in the
pool room and enclosure.

Section 19. Chemical and physical quality of swimming pool water

a. All artificial pools are required to chlorinate the water entering the pool, and
there shall be at all times, when the pool is in use, an excess of not less than 0.2
parts per million of available chlorine nor more than 0.5 parts per million.

b. All swimming pool water where chlorine is used shall show an alkaline re-
action and the pH shall be not less than 7.5 nor more than 8.3.

c. At all times, when the pool is in use, the water shall be sufficiently clear to
permit a black disk, six inches in diameter on a white field, when placed on the
bottom of the pool at the deepest point, to be clearly visible from the sidewalks of
the pool at all distances up to 10 yards, measured from a line drawn across the
pool through said disk.

Section 20. Bacterial quality of swimming pool water— Whenever streptococci
bacteria is found in the water of any swimming pool or bathing place, the pool or
beach shall be closed until the water is found to be free from this bacteria.

Section 21. Cleaning pool

a. Visible dirt on the bottom of a swimming pool shall not be permitted to re-
main more than 24 hours.

b. Any visible scum of floating material on the surface of the pool shall be re-
moved within 24 hours by flushing or other effective means.

Section 22. Bathing load limit— The total number of bathers using a swimming
pool during any period of time shall not exceed 20 persons for each 1,000 gallons of
clean water added to the pool during that period. The term "clean water," as used
above, is interpreted to mean new clean water used to refill the pool.

Section 23. Operating control

a. Tests shall be made by the orthotolodine test for excess chlorine at frequent
intervals.

b. Tests shall be made for alkalinity with a proper outfit for reading the pH of
the water daily.

Section 24. Plans and specifications

a. No artificial swimming pool shall be built without the approval of the state
board of health.

b. Plans and specifications shall be submitted in duplicate showing the location
and type of equipment to be used, and such plans and specifications shall be ap-
proved by the state health officer before construction is begun.

Section 25. One year from date of passage of these rules and regulations all
swimming pools shall be inspected by the health officer, and if they do not conform
to such rules and regulations, the public shall be notified.

STANDARD RAILWAY SANITARY CODE
Section 1. Persons not allowed to travel— No person knowing or suspecting him-
self to be afflicted with plague, cholera, smallpox, typhus fever, or yellow fever,
shall apply for, procure or accept transportation in any railway train, car, or other
conveyance of a common carrier, nor shall any person apply for, procure, or accept
such transportation for any minor, ward, patient, or other person under his charge
if known or suspected to be so afflicted.

§ 5002 Civil Code Page 158

Section 2. Persons not accepted for travel— Common carriers shall not accept for
transportation in any railway train, car, or other conveyance, any person known by
them to be afflicted with any of the diseases enumerated in section 1.

Section 3. Restricted travel--Common carriers shall not accept for transportation
on any railway train, car, or other conveyance, any person known by them to be
afflicted with diphtheria, measles, scarlet fever, (epidemic), cerebro-spinal menin-
gitis, anterior poliomyelitis, mumps, whooping cough, influenza, pneumonia, epi-
demic encephalitis, septic sore throat, rubella, or chicken pox, or any person known
to be a carrier of these diseases, unless such person is placed in a compartment sep-
arate from other passengers, is accompanied by a properly qualified nurse or other
attendant, and unless such nurse or attendant shall agree to comply and does
comply with the following regulations:

(a) Communication with the compartment within which the patient is traveling
shall be restricted to the minimum consistent with the proper care and safety of the
patient.

(b) All dishes and utensils used by the patient shall be placed in a 5 per cent,
solution of carbolic acid or other fluid of equivalent disinfecting value for at least one
hour after they have been used, and before being allowed to leave the compartment.

(c) All sputum and nasal discharges from the patient shall be received in gauze
or paper, which shall be deposited in a paper bag or in a closed vessel, and shall
be destroyed by burning.

(d) Said nurse or attendant shall, after performing any service to the patient, at
once cleanse the hands by washing them in a 2 per cent, solution of carbolic acid or
other fluid of equivalent disinfecting value.

Section 4. Typhoid and dysentery—Common carriers shall not accept for trans-
portation on any railway train, car, or other conveyance, any person known by them
to be afflicted with typhoid fever, paratyphoid fever, or dysentery, unless said per-
son is placed in a compartment separate from the other passengers, is accompanied
by a properly qualified nurse or other attendant, and unless said nurse or attendant
shall agree to comply and does so comply with the following regulations:

(a) Communication with the compartment in which the patient is traveling shall
be limited to the minimum consistent with the proper care and safety of the patient.

(b) All dishes and utensils used by the patient shall be placed in a 5 per cent, so-
lution of carbolic acid or other fluid of equivalent disinfecting value for at least one
hour after they have been used and before being allowed to leave the compartment.

(c) All urine and feces of the patient shall be received into a 5 per cent, solution
of carbolic acid or other fluid of equivalent disinfecting value, placed in a covered
vessel, thoroughly mixed, and allowed to stand for at least two hours after the last
addition thereto before being emptied.

(d) A sheet of rubber or other impervious material shall be carried and shall be
spread between the sheet and the mattress of any bed that may be usd by the pa-
tint while in transit.

(e) Said nurse or attendant shall use all necessary precautions to prevent the ac-
cess of flies to the patient or his discharges, and after performing any service to the
patient, shall at once cleanse the hands by washing them in a 2 per cent, solution
of carbolic acid or other fluid of equivalent disinfecting value.

(f) Provided, that if a person with typhoid or dysentery is presented at a railway
station in ignorance of these regulations, and his transportation is necessary as a
life-saving and safe guarding measure, an emergency may be declared and the pa-
tient may be carried a reasonable distance in a baggage car if accompanied by an at-
tendant responsible for his care and removal: provided, also, that regulations (a),
(b), (c), (d), and (e) of this section shall be complied with in so far as the circum-
stances will allow, and that all bedding, clothing, rags or cloths used by the patient
shall be removed with him: and provided further, that any parts of the car which
have become contaminated by any discharges of the patient shall be disinfected as
soon as practicable, but not later than the end of the run, by washing with a 5 per
cent, solution of carbolic acid or other fluid of equivalent disinfecting value.

Page 159 Boards of Health and Health Provisions § 5002

Section 5. Restricted application for transportation—No person knowing or sus-
pecting himself to be afflicted with any of the diseases mentioned in sections 3 and 4,
shall apply for, procure, or accept transportation in any railway train, car, or other
conveyance of a common carrier, nor shall any person apply for, procure, or accept
such transportation for any minor, ward, patient, or other person under his charge,
if known or suspected to be so afflicted, unless he shall have agreed to and made all
necessary arrangements for complying and does so comply with the regulations set
forth in said sections 3 and 4.

Section 6. Suspected cases— If a conductor or other person in charge of a railway
train, car, or other conveyance of a common carrier, or an agent or other person in
charge of a railway station, shall have any reason to suspect that a passenger or a
person contemplating passage is afflicted with any of the diseases enumerated in
sections 1, 3 and 4, he shall notify the nearest health officer, or company physician,
if the health officer is not available, by the quickest and most practicable means
possible, of his suspicions, and said health officer or physician shall immediately pro-
ceed to the train, car, or other conveyance at the nearest possible point, or to the
railway station, to determine whether such disease exists.

Section 7. Dispositions—If the health officer or physician as provided for in section
6 shall find any such person to be afflicted with any of the diseases enumerated in
sections 1, 3 and 4, he shall remove such person from the station or conveyance, or
shall isolate him and arrange for his removal at the nearest convenient point; shall
treat the car or other conveyance as infected premises, allowing it to proceed to a
convenient place for proper treatment if in his judgment consistent with the public
welfare, in such case notifying the health officer in whose jurisdiction the place is
located; and shall take such other measures as will protect the public health: pro-
vided, that if not prohibited in sections 1 and 2 of these regulations afflicted per-
son so found may be allowed to continue his travel if arrangements are made to
comply, and he does so comply, with the requirements of the section of these regu-
lations pertaining to the disease with which he is afflicted.

Section 8. Leprosy—Common carriers shall not accept for transportation nor
transport in any railway train, car, or other conveyance, any person known by them
to be afflicted with leprosy, unless such person presents permits from the surgeon
general of the United States public health service or his accredited reprsentative,
and from the state department of health of the State from which and to which he
is traveling, stating that such person may be received under such restrictions as will
prevent the spread of the disease, and said restrictions shall be specified in each in-
stance; and no person knowing or suspecting himself to be afflicted with leprosy, nor
any person acting for him, shall apply for, procure, or accept transportation from
any common carrier unless such permits have been received and are presented, and
unless the person so afflicted agrees to comply and does so comply with the restric-
tions ordered. If any agent of a common carrier shall suspect that any person in a
train, car, or other conveyance, or at a railway station, is afflicted with leprosy, he
shall proceed as directed in the case of other suspected diseases in sections 6 and 7
of these regulations.

Section 9. Pulmonary tuberculosis— Common carriers shall not accept for trans-
portation any person known by them to be afflicted with pulmonary tuberculosis in
a communicable stage, unless said person is provided with (a) a sputum cup made
of impervious material and so constructed as to admit of being tightly closed when
not in use, (b) a sufficient supply of gauze, papers, or similar articles of the proper
size to cover mouth and nose while coughing or sneezing, (c) a heavy paper bag or
other tight container for receiving the soiled gauze, paper, or similar article; and
unless such person shall obligate himself to use the articles provided for in the man-
ner intended and to destroy said articles provided for in the manner intended and
to destroy said articles by burning or to disinfect them by immersing for at least one
hour in a 5 per cent, solution of carbolic acid or other solution of equivalent disin-
fecting value; nor shall any person knowing himself to be so afflicted apply for,
procure or accept transportation unless he shall have agreed to and made all neces-

§ 5002 Civil Code Page 160

sary arrangements for complying and does so comply with the regulations as set
forth in this section.

Section 10. Conveyances vacated by infected persons—Immediately after vacation
by a person having any of the diseases mentioned in sections 1, 3, 4 and 8, any
berth, compartment, or stateroom should be closed and not again occupied until
properly cleaned and disinfected, and all bedding, blankets and linen in any such
place should be laundered or otherwise thoroughly cleaned and disinfected before
being again used.

II. WATER AND ICE SUPPLIES

Section 11. Water to be certified—Water provided by common carriers for drink-
ing or culinary purposes in railway trains, cars, or other conveyances, or in
railway stations, shall be taken from supplies certified by the United States public
health service as meeting the required standards of purity and safety prescribed by
the interstate quarantine regulations of the United States.

Section 12. Ice--Ice used for cooling water provided as in section 11 shall be clear
natural ice, ice made from distilled water, or ice made from water certified as afore-
said; and before the ice is put into the water it shall be washed with water of known
safety, and handled in such a manner as to prevent its becoming contaminated by
the organisms of infectious diseases: provided, that the foregoing shall not apply to
ice that does not come in contact with the water to be cooled.

Section 13. Water containers—Water containers in newly constructed cars shall be
so constructed that ice for cooling does not come in contact with the water to be
cooled: provided, that after July 1, 1924, all water containers in cars shall be so
constructed that ice does not come in contact with the water.

Section 14. Care of water containers— All water containers where water and ice
are put into the same compartment shall be thoroughly cleansed at least once in each
week that they are in use. All water containers and water storage tanks shall be
thoroughly drained and flushed at intervals of not more than one month.

Section 15. Filling water containers— Portable hose or tubing that is used for fill-
ing drinking water containers, or car storage tanks from which such containers are
filled, shall have smooth metal nozzles, which shall be protected from dirt and con-
tamination; and before the free end or nozzle of said hose or tubing is put into the
water container or car storage tank it shall be flushed and washed by a plentiful
stream of water.

III. CLEANING AND DISINFECTING OF CARS

Section 16. General— All railway passenger cars or other public conveyances shall
be kept in a reasonably clean and sanitary condition at all times when they are in
service, to be insured by mechanical cleaning at terminals and lay-over points.

Section 17. Cleaning— All day coaches, parlor cars, buffet cars, dining cars, and
sleeping cars shall be brushed, swept and dusted at the end of each round trip, or
at least once in each day they are in service, and shall be thoroughly cleaned at in-
tervals of not more than seven days.

Section 18. Thorough cleaning—Thorough cleaning shall consist of scrubbing the
exposed floors with soap and water; similarly scrubbing the toilets and toilet-room
floors; wiping down the woodwork with moist or oiled cloths; thorough dusting of
upholstery and carpets by beating and brushing; or by means of the vacuum process
or compressed air; washing or otherwise cleaning windows; and the thorough airing
of the car and its contents.

Section 19. Odors in cars— When offensive odors appear in toilets or other parts
of the car which are not obliterated and removed by cleaning as in section 18, said
toilets or other parts of the car shall be treated with a 2 per cent, solution of for-
maldehyde or other odor-destroying substance.

Section 20. Vermin in cars—Whenever a car is known to have become infested
with bedbugs, lice, fleas, or mosquitoes, such car shall be so treated as to effectively
destroy such insects, and it shall not be used in service until such treatment has
been given.

Page 161 Boards of Health and Health Provisions § 5002

IV. CARS IN SERVICE

Section 21. Cleaning— The cleaning of cars while occupied shall be limited to the
minimum consistent with the maintenance of cleanly conditions, and shall be carried
out so as to cause the least possible raising of dust or other annoyance to passengers.

Section 22. Sweeping--Dry sweeping of the interior of a car in transit with an
ordinary broom is prohibited.

Section 23. Dusting— Dry dusting of the interior of a car in transit is prohibited.

Section 24. Brushing-The brushing of passengers clothing in the body of the
car in transit is prohibited.

Section 25. Drinking cups— Individual drinking cups in sufficient number shall
be supplied in all cars, and the use of common drinking cups is prohibited.

Section 26. Towels— The supplying of roller towels for common use in cars is
prohibited.

Section 27. Comb and brush— The supplying of combs and brushes for common
use in cars is prohibited.

Section 28. Spitting— Spitting on the floors, carpets, walls or other parts of cars
by passengers or other occupants of them is prohibited.

Section 29. Cuspidors— An adequate supply of cuspidors shall be provided in all
sleeping cars, smoking cars, and smoking compartments of cars while in service.
Said cuspidors shall be cleaned at the end of each trip, and oftener if their condi-
tion requires.

Section 30. Brushing of teeth— Spitting into, blowing the nose into, or brushing
the teeth over wash basins in car is prohibited. Separate basins for brushing the
teeth shall be provided in the washrooms of sleeping cars.

Section 31. Drinking water and ice— Drinking water and ice on railway cars shall
be supplied in accordance with the conditions set forth in sections 11, 12, 13, 14
and 15 of these regulations.

Section 32. Ventilation and heaiing— All cars when in service shall be provided
with an adequate supply of fresh air, and in cold weather shall be heated so as to
maintain comfort. When artificial heat is necessary, the temperature should not ex-
ceed 70° F., and in sleeping cars at night after passengers have retired, it should
not exceed 60° F.

Section 33. Toilets in cars—A proper toilet room and lavatory shall be provided
in all railway passenger cars for the use of their occupants. Such toilet shall be sup-
plied with toilet paper, soap and free or pay clean towels, and shall be kept in a
clean and sanitary condition: provided, that cars used exclusively in suburban serv-
ice are not required to be so equipped.

Section 34. Toilets to be locked— The toilet rooms in all railway cars shall be
locked or otherwise protected from use while trains are standing at stations, passing
through cities, or passing over waterheads draining into reservoir furnishing do-
mestic water supplies, unless adequate water-tight containers are securely placed
under the discharge pipe. The state health authority having jurisdiction shall desig-
nate the area of water-sheds that may be affected by pollution from railroads and
shall notify the managing officers of railroads as to the points between which all
toilets shall be locked.

Section 35. Lavatories in dining cars— A lavatory shall be provided in all dining
cars for the use of dining car employees, and the same shall be supplied with soap
and clean towels, and shall be kept in a clean and sanitary condition. Such lavatory
shall have no direct connection with the kitchen, pantry, or other places where food
is prepared. The word "dining car" as used in these regulations shall be held to in-
clude all cars in which food is prepared and served.

Section 36. Dining cars to be screened— Dining cars shall be screened against the

it
entrance of flies and other insects, and shall be the duty of dining car employees
to destroy flies or other insects that may gain entrance.

Section 37. Dining car employees to cleanse hands— Dining car employees shall
thoroughly cleanse their hands by washing with soap and water after using a toilet
or urinal, and immediately before beginning service.

nx-s.c-6

§ 5002 Civil Code Page 162

Section 38. Care of tableware--All cooking, table and kitchen utensils, drinking
glasses and crockery used in the preparation or serving of food or drink in dining
cars shall be thoroughly washed in boiling water and suitable cleansing material
after each time they are used.

Section 39. Food containers— Refrigerators, food boxes, or other receptacles for
the storing of fresh food in dining and buffet cars shall be emptied and thoroughly
washed with soap and hot water at least once in each seven days that they are in use.

Section 40. Food and milk--No spoiled or tainted food, whether cooked or un-
cooked, shall be served in any dining car; and no milk or milk products shall be
served unless the milk has been pasteurized or boiled.

Section 41. Garbage—Garbage cans in sufficient number and with suitable tight-
fitting covers shall be provided in dining cars to care for all refuse food and other
wastes, and such wastes shall not be thrown from the car along the right of way
within the limits of cities, towns or villages, or within drainage areas furnishing
domestic water supplies.

Section 42. Dining car inspection—The person in charge of the dining car shall be
responsible for compliance with all dining car regulations, and he shall make an
inspection of the car each day for the purpose of maintaining a rigorous cleanliness
in all portions thereof.

Section 43. Examination of food handlers--No person shall serve as a cook, waiter,
or in any other capacity in the preparation or serving of food in a dining car who
is known or suspected to have any dangerous communicable disease. All persons
employed for such service shall undergo a physical examination by a competent
physician before being assigned to service, and before returning to work after any
disabling illness, and at such other times during their service as may be necessary
to determine their freedom from such diseases, and shall be immediately relieved
from service if found to be so afflicted.

V. RAILWAY STATIONS

Section 44. General- -All railway stations, including their waiting rooms, lunch
rooms, restaurants, wash rooms, and toilets, shall be kept in a clean and sanitary
condition at all times, to be insured by mechanical cleaning at regular intervals.

Section 45. Cleaning--All waiting rooms and other rooms used by the public shall
be swept and dusted daily; and at intervals of not more than seven days the floors
shall be scrubbed with soap and water, and the seats, benches, counters and other
woodwork shall be similarly scrubbed, or shall be rubbed down with a cloth moist-
ened with oil.

Section 4G. Sweeping--If sweeping is done while rooms are occupied or open to
occupancy by patrons, the floor shall be first sprinkled with wet sawdust or other
dust-absorbing material.

Section 47. Dusting— If dusting is done while rooms are occupied or open to oc-
cupancy by patrons, it shall be done only with cloths moistened with water, oil, or
other dust-absorbing material.

Section 48. Spitting—Spitting on the floors, walls, seats or platforms of railway
stations is prohibited.

Section 49. Cuspidors— In all waiting rooms where smoking is permitted, an ade-
quate supply of cuspidors shall be provided; such cuspidors shall be cleaned daily,
or oftener if their condition requires.

Section 50. Common cups-Individual drinking cups in sufficient number shall be
supplied in all stations, and the use of common drinking cups is prohibited.

Section 51. Common towels-The supplying of roller towels or other towels for
common use in railway stations is prohibited.

Section 52. Combs and brushes-The supplying of combs and brushes for com-
mon use in railway stations is prohibited.

Section 53. Toilet facilities-All railway stations where tickets are sold shall pro-
vide adequate toilet facilities of a design approved by the state department of
health, for the use of patrons and employees; and there shall be separate toilets for

Page 163 Boards of Health and Health Provisions § 5002

each of the two sexes.

Section 54. Station toilels--If a railway station is located within 300 feet of a
public sewer, water flushing toilets shall be installed and permanently connected
with such sewer, and a wash basin or basins shall be located near the toilet and
similarly connected; and such toilets and lavatories shall be kept in repair and in
good working order at all times.

Section 55. Care of toilets--All toilets installed as set forth in section 54 shall be
cleaned daily by scrubbing the floors, bowls and seats with soap and water.

Section 5G. Odors in toilets--When offensive odors appear in toilets which are not
obliterated and removed by cleaning as in section 55, said toilets shall be treated
with a 2 per cent, solution of formaldehyde or other odor-destroying substance.

Section 57. Toilet supplies— Toilets and wash rooms installed as set forth in sec-
tion 54 shall be constantly furnished with an adequate supply of toilet paper, soap
and free or pay clean towels.

Section 58. Privies--If no sewer connection is available as set forth in section 54,
a sanitary privy of a design approved by the state department of health shall be
maintained within a reasonable distance from the station. Such privy shall be ade-
quately protected against the entrance of flies, shall be kept supplied with toilet pa-
per, the seats shall be kept clean, and the vaults shall be treated with sodium hydrate
or other approved disinfectant at least once in each week and shall be cleaned out
and emptied at such intervals as will avoid the development of a nuisance.

Section 59. Drinking water and ice— Drinking water and ice in railway stations
shall be supplied in accordance with sections 11, 12. 13, 14, and 15 of these regula-
tions.

Section GO. Water not usable for drinking— If water does not conform to the
standards set forth in section 11 of these regulations is available at any tap or hy-
drant or in a railway station, a notice shall be maintained on each such tap or hy-
drant which shall state in prominent letters, "Not fit for drinking."

Section 61. Drinking fountains— If drinking fountains of the bubbling type are
provided in any railway station, they shall be so made that the drinking is from a
free jet projected at an angle to the vertical, and not from a jet that is projected
vertically or that flows through a filled cup or bowl.

Section 62. Refuse cans— At all railway stations where there is an agent, there shall
be provided and maintained an adequate supply of open or automatically closing
receptacles for the disposition of refuse and rubbish, and such receptacles shall be
emptied daily and kept reasonably clean and free from odor.

Section 63. Cisterns, cesspools, etc.— All cisterns, water-storage tanks and cesspools
in or about railway stations shall be adequately screened against the entrance of
mosquitoes, and all collections of surface water on station property shall be drained
or oiled during the season of mosquito flight, to prevent the breeding of mosquitoes.

Section 64. Restaurants to be screened— All restaurants and lunch rooms, or other
places where food is prepared or served in a railway station, shall have doors, and
windows adequately screened against the entrance of flies during the season of
flight of these insects; and all food on display or storage racks shall be adequately
covered.

Section 65. Lavatories for Restaurants— A lavatory of easy and convenient ac-
cess shall be provided for the use of employees in every restaurant or lunch room
in any railway station, and it shall be provided with an adequate supply of water,
soap and clean towels.

Section 66. Restaurant employees— Restaurant employees who are engaged in the
reparing or serving of food, shall thoroughly cleanse their hands by washing with
soap and water after using a toilet or urinal, and immediately before beginning
service.

Section 67. Kitchen and table utensils— All cooking, table and kitchen utensils,
drinking glasses and crockery used in the preparation or serving of food or drink
in railway restaurants or lunch rooms shall be thoroughly washed in boiling water
and suitable cleansing material after each time they are used.

§ 5002 Civil Code Page 164

Section 68. Food containers— Refrigerators, food boxes, or other receptacles for
the storing of fresh food in railway restaurants or lunch rooms shall be emptied and
thoroughly washed with soap and hot water at least once in each seven days that
they are in use.

Section 69. Garbage—Garbage cans in sufficient number, and with suitable tight-
fitting covers, shall be provided in all restaurants and lunch rooms to care for all
refuse food and other wastes; and such cans shall be emptied daily in an approved
place and kept in a clean and sanitary condition.

Section 70. Restaurant inspection—The manager, chief or other person in charge
of any railway restaurant or lunch room shall be responsible for compliance with
all regulations pertaining thereto, and he shall make an inspection of the premises
daily for the purpose of maintaining a rigorous cleanliness in all parts thereof.

Section 71. Station inspection—The agent, manager or other persons in charge of
any railway station shall be responsible for compliance with all regulations pertain-
ing thereto, and he shall make, or have made by a responsible person reporting to
him, frequent inspections of the premises for the purpose of maintaining a rigorous
compliance with all such regulations.

Section 72. Examination of food handlers— No person shall serve as a cook, waiter,
or in any other capacity in the preparation or serving of food in a railway restau-
rant or lunch room who is known or suspected to have any dangerous communicable
disease. All persons employed for such service shall undergo a physical examination
by a competent physician before being assigned to service, and before returning to
work after any disabling illness, and at such other times during their service as may
be necessary to determine their freedom from such diseases, and shall be imme-
diately relieved from service if found to be so afflicted.

(All railway stations are required to keep in a conspicuous place in all waiting
rooms a printed copy of the above regulations.)

VI. CONSTRUCTION CAMPS

Section 73. Definition— For the purpose of these regulations railway construction
camps shall be considered to include all camps and similar places of temporary
abode, including those on wheels, established by or for the care of working forces
engaged in the construction, repair, or alterations of railway properties or parts
thereof: provided, that camps which are occupied by less than five people, or camps
which' are established to meet emergency conditions and are not occupied longer
than five days, shall not be included, except that section 90 of these regulations shall
apply to them.

Section 74. General—All camps shall be so located and so maintained as to be
conducive to the health of their occupants, and not to endanger the health of the
public; and all tents, houses, stables, or other structures therein shall be kept in a
reasonably clean and sanitary condition at all times.

Section 75. Location—Camps, except those on wheels, should be located on high,
well-drained ground; any natural sink holes, pools or other surface collections of
water in the immediate vicinity should be drained and filled when the camp is first
established; and all such water not subject to complete drainage should have the
surface oiled at intervals of not more than seven days during the season of mos-
quito flight.

Section 76. Arrangement- -The general scheme of relations of the structures of a
camp should be as follows: the kitchen should be located at one end of the camp;
next to this should be the eating quarters, then the sleeping quarters, then the toi-
lets for the men, then the stable, thus bringing the kitchen and the stable at opposite
ends of the camp, which should be as far apart as is consistent with the natural
topography and the necessity for convenient access.

Section 77. Water supplies-All water supplies for camps shall be properly chlo-
rinated, unless obtained from a source which has been approved by the state depart-
ment of health.

Section 78. Water containers-All drinking water containers in camps shall be

Page 165 Boards of Health and Health Provisions § 5002

securely closed and so arranged that water can be drawn only from a tap, and said
containers shall be kept clean and free from contamination.

Section 79. Garbage and refuse--All garbage, kitchen waters and other rubbish
in camps shall be deposited in suitable covered receptacles, the contents of which
shall be emptied and burned each day; and manure from the stables shall be like-
wise collected and burned each day, or disposed of in some other manner approved
by the state department of health.

Section 80. Scavenger—In all camps where there are 100 men or more, there shall
be one employee whose duty shall be to act as scavenger and garbage collector.

Section 81. Toilels--Every camp shall have an adequate number of latrines and
urinals, so constructed and maintained as to prevent fly breeding and the pollution
of water, and the use of such latrines and urinals by the inhabitants of the camp
shall be made obligatory. Latrines and urinals may consist of deep trenches cov-
ered with houses adequately screened against flies, or of any other type approved
by the state department of health. They shall not be located within less than 200 feet
of any spring, stream, lake, or reservoir forming part of a public water supply.

Section 82. Washing facilities— There shall be provided in all camps adequate
washing facilities for the use of occupants thereof.

Section 83. Screening— The kitchen, eating houses and bunk houses of all camps
shall be effectively screened against the entrance of flies and mosquitoes during
the season of flight of these insects.

Section 84. Care of tableware— All cooking, table and kitchen utensils, drinking
glasses and crockery used in the preparation or serving of food or drink in camps
shall be thoroughly washed in boiling water and suitable cleansing material after
each time they are used.

Section 85. Food containers— Refrigerators, food boxes, or other receptacles for
the storing of fresh food in camps shall be emptied and thoroughly washed with
soap and hot water at least once in each seven days that they are in use.

Section 86. Food and milk— No soiled or tainted food, whether cooked or un-
cooked shall be served in any camp; and no milk or milk products shall be served
unless the milk has been pasteurized or boiled.

Section 87. Examination of food handlers— No person shall be employed as a
cook, waiter or in any other capacity in the preparation or serving of food in any
camp who is known or suspected to have a dangerous communicable disease. All
persons employed for such service shall undergo a physical examination by a compe-
tent physician before being assigned to service, and before returning to work after
any disabling illness, and at such other times during their service as may be neces-
sary to determine their freedom from such diseases, and shall be immediately re-
lieved from service if found to be so afflicted.

Section 88. Sick persons— When an occupant of a camp becomes sick with a dan-
gerous communicable disease, he shall be immediately isolated, and the health officer
within whose jurisdiction the camp is located shall be immediately notified.

Section 89. Vermin— It shall be the duty of some one appointed as caretaker of
the camp to make regular weekly inspections of the occupants and premises in order
to ascertain the presence of lice or other vermin. Persons found to be infested shall
be required to bathe, and their clothing shall be boiled; and the premises found to
be infested shall be fumigated with sulphur and treated by some other effective ver-
min-destroying method.

Section 90. Abandoned camps—When any camp is to be abandoned, all garbage,
rubbish, and manure shall be collected and burned, the latrine trenches filled and
the grounds and buildings shall be left in a clean and sanitary condition.

Section 91. Duty to enforce regulations— It shall be the duty of the superinten-
dent, foreman, or other person in charge of a camp to see that all regulations per-
taining thereto are faithfully complied with.

Section 92. All trains operating in South Carolina are required to place in con-
spicuous position at both interior ends of each car, large typed cards calling at-

§ 5002 Civil Code Page 166

tention to sections 22, 23, and 33, printing said sections in full on said cards.

FAIRS, CAMP MEETINGS AND OTHER GATHERINGS

Section 1. Adequate and sufficient toilet facilities shall be provided, and main-
tained in a sanitary condition, at all fair grounds, camp meeting grounds, and sim-
ilar public gathering places, and shall meet the requirements of rules and regu-
lations governing such facilities.

Sections 2. In no case where water supply is available will any other than flush
toilets be allowed. Where necessary to construct other forms of toilets such forms
shall receive the written approval of the State Board of Health or its agencies.

Section 3. Water furnished for drinking purposes shall be of the standard re-
quired for drinking water supplies through the State.

Section 4. Food stuff offered for sale within the limits of the fair grounds or en-
campment shall be properly protected from possible contamination by dust and
flies, and shall meet the requirements of rules and regulations for food and food
handling.

RULES AND REGULATIONS GOVERNING MIDWIVES IN THE STATE OF

SOUTH CAROLINA
Section 1. All midwives shall register with the local registrar and also at the
county health department.
Sections 2. Requirements for registration.

(1) In order to secure a certificate of registration a midwife shall first demonstrate
her ability to read and write. She shall have reasonable clear vision, average intel-
ligence, and good general health. She shall obtain from the health officer or a pri-
vate physician each year a certificate stating that she is free from communicable
diseases.

(2) Every midwife shall be successfully vaccinated against smallpox, inoculated
against typhoid fever, and have a negative Wassermann test for syphilis.

(3) Before becoming eligible to register, all midwives are required to attend a
course of instructions of at least ten lessons to be given to midwifery classes in the
counties by either State or county nurses. At the conclusion of this course certifi-
cates may be granted to those whom the instructor considers competent to register.
No certificate will be issued until this course has been completed. These certificates
are valid for one year only, and shall be renewed each year by the county health
officer, and may be withdrawn at the discretion of the county health officer. A fee
of twenty-five cents shall be charged for the issuance of each certificate and for
each renewal, said fee shall be paid to the county health officer or nurse and dis-
bursed by them in defraying expenses of State midwife institutes. The midwife
shall also be required to attend a State institute for instructing midwives unless ex-
cused by the county health officer.

(4) No person who has failed to obtain and hold a certificate as set forth above
shall practice midwifery in this State.

Section 3. (1) In each county the midwife shall be subject to the supervision and
control of the county health officer.

(2) Midwives shall report to the public health nurse of their community whenever
requested to do so.

Sections 4. Regulations.

(DA midwife, before attending a woman in confinement, shall wash her hands
and arms with warm water and soap; and afterwards wash in a quart of warm
water containing a teaspoonful of lysol, or carbolic acid, or other antiseptic.

(2) She shall keep herself clean, and also her patient, bed, clothing and all that
comes in contact with her.

(3) She shall not pass her fingers or any instrument into the birth canal of the
woman for the purpose of examination or for any other purpose.

(4) A midwife shall endeavor to secure the assistance of a physician if the child
is not born after twenty-four hours of labor.

Page 167 Boards of Health and Health Provisions § 5002

(5) A midwife shall not give drugs of any kind to hasten or increase labor pains,
but may give castor oil or other laxative as needed.

(6) She shall not give an injection of any kind into the birth canal without or-
ders from the doctor, but may use an enema of warm water into the bowels to
produce a movement.

(7) If the child's hands come down, the child is lying in cross position and cannot
be born alone, the midwife shall immediately send for a physician and inform him
as to the condition observed.

(8) If the child's feet or buttocks are born first, it will be smothered in a few
minutes unless the head comes out immediately. In such a case the midwife should
lift the body of the child by the feet and hold it up. This will make the delivery of
the head quicker. Delay will almost certainly mean the death of the child.

(9) If the mother has a spasm, or bleeds either before or after the child is born,
the midwife shall send at once for a physician. She shall do likewise if the mother
is very weak or her labor is slow. If the mother shows signs of fever, send for the
physician at once without waiting until she is worse.

(10) Every midwife shall report all births she attends within ten days on the
blanks furnished her. Unfading black ink (writing fluid) is to be used. These re-
ports shall be made to the local registrar.

(11) As soon as the child is born, two drops of a 1 per cent solution of nitrate of
silver shall be dropped into each eye.

(12) Every case of "baby's sore eyes" or reddening of the eyelids shall be re-
ported at once to a physician.

(13) The cord shall be dressed at once with a clean dry dressing. No grease is to
be used.

Section 5. Penalty. Any person violating any of the above rules or regulations
shall, upon conviction, be punished as provided in section 5003, Code of Laws of
South Carolina, 1922. (This section provides that any one failing to comply with any
of the rules or regulations of the executive committee of the state board of health
shall, upon conviction, be fined not to exceed $100.00 or imprisoned not to exceed
thirty days.)

SLAUGHTER HOUSES

Section 1. No person or persons shall build or use any slaughterhouses within
the limits of any town or city in the State without the consent of the local health
officer, and the keeping and slaughtering of all cattle or other animals, and the prep-
aration and keeping of all meats, fish, birds or other animal food shall be in the
manner best adapted to secure and continue their wholesomeness as food.

Section 2. All yards, driveways, alleys, and pens connected with any slaughter-
house shall be smooth and properly graded and drained. They shall at all times be
kept clean.

Section 3. The floors of all killing rooms and of all storage and other rooms where
edible meat is handled or stored shall be of concrete, or its equivalent, and so con-
structed as to drain freely and thoroughly into traps connected with a satisfactory
drain. The walls and ceiling of all such rooms shall be tight and smooth, and shall
be painted or whitewashed as often as necessary to keep them in a neat condition,
and shall be kept clean at all times.

Section 4. Every slaughterhouse shall have adequate and satisfactory reduction
equipment for the disposal of all offal and condemned meat, which shall be outside
of any room in which edible meat is handled, and the reduction shall be thoroughly
conducted or satisfactory disposal of all offal and condemned meat by some
method satisfactory to the state board of health.

Section 5. All parts of the slaughterhouse shall be adequately lighted, both nat-
urally by a sufficient number of windows and artificially. The ventilation shall be
sufficient to keep down offensive odors. All rooms shall be equipped with self-clos-
ing, properly double fitting screen doors, which shall be kept closed at all times.
These rooms shall be equipped with the necessary overhead trackage, hoists, trucks.

§ 5002 Civil Code Page 168

racks, tables, and other necessary equipment to conduct the business in an expe-
ditious and cleanly manner. Suitable spittoons shall be provided for the workmen,
and no workman shall spit upon the floor or the side walls of any slaughterhouse.

Section 6. Properly equipped dressing rooms and toilet rooms, sufficient in num-
ber, ample in size, conveniently located, provided with windows to admit direct, nat-
ural light, properly ventilated, and meeting all requirements as to sanitary construc-
tion and equipment, shall be provided. These shall be separate from the rooms and
compartments in which meat and products are prepared, stored, or handled.

Section 7. Ample, modern lavatory accommodations, including running hot and
cold water, soap, towels, etc., shall be provided in such locations as may be essential
to insure cleanliness of all persons handling any meat or product, and there shall be
at least one lavatory convenient to each toilet room and urinal. Where no connec-
tions can be made to a sanitary sewer a septic tank approved by the state board of
health shall be installed.

Section 8. An abundant supply of safe water shall be provided, which shall be
delivered under pressure to all parts of the plant. Provision shall also be made for
an adequate supply of hot water, delivered in pipes to the necessary places in the
slaughterhouse.

Section 9. All buildings in which meat or meat products are handled and stored
shall be rat proof.

Section 10. No room used for slaughtering shall be used for any other purposes,
incompatible therewith.

Section 11. All employees in slaughterhouses shall be provided with washable
clothings, and boots (or shoes) for use on the killing floor. Such boots and clothing
shall be kept clean at all times.

Section 12. Before going upon the killing floor, employees shall thoroughly wash
their hands. The hands shall also be washed after each visit to the toilet, and at
such other intervals as may be required.

Section 13. No person shall be employed at a slaughterhouse while afflicted with
any communicable disease.

Section 14. No dogs or cats shall be allowed in or around any slaughterhouse.

Section 15. The floor and side walls of the slaughtering room shall be properly
washed at the end of each day's killing, and the floors, trucks, and all other sur-
faces of the plant shall be washed and scrubbed as often as is necessary to keep
them in a clean condition.

Section 16. Carcasses shall not be dressed with skewers, knives, etc., that have
been held in the mouth. Spitting on whetstones or steels while sharpening knives
is prohibited.

Section 17. All knives, saws, cleavers, or other utensils, shall be thoroughly
cleaned and sterilized after each day's use.

Section 18. No person shall urinate, defecate, or commit any nuisance whatsoever
in the slaughtering pens or any abbattoir or slaughterhouse, or within 150 feet
thereof.

Approved and promulgated by the Executive Committee of the South Carolina
state board of health, July 14, 1937.

REGULATIONS AND INSTRUCTIONS PERTAINING TO THE STERILIZATION
OF BEDDING AND THE PURCHASING OF LABELS IN ACCORDANCE
WITH THE PROVISIONS OF THE SOUTH CAROLINA BEDDING LAW.

Under Act No. 229 of the Acts of 1941 the following rules and regulations are
promulgated:

The sterilization of bedding and bedding materials shall be in accordance with
one of the following methods:

1. The Dry Heat Method: Loose materials or bedding shall be subjected to dry
heat at a temperature of 230 degrees F. and maintained at that temperature for
sixty (60) minutes. Dry heat sterilization apparatus shall be equipped with a suit-
able temperature indicator and with such control devices as will provide an ade-

Page 169 Boards of Health and Health Provisions § 5002

quate control of the temperature to be maintained.

2. The Steam Method: Loose materials or bedding shall be subjected to direct
steam under a pressure of 15 pounds per square inch and maintained at that pres-
sure for thirty (30) minutes. A gauge for registering the steam pressure inside the
sterilizer, and visible from the outside of the sterilizer, shall be provided where
steam sterilization is employed.

Bedding to be sterilized shall be stood on end with a space of not less than six
(6) inches between, or shall be suspended by means of suitable hangers with
space of not less than six (6) inches between bedding, or between bedding and floors,
ceilings, or side walls. Shelving for loose bedding materials shall be of lattice or
other open construction.

The South Carolina State Board of Health will sell labels in lots of not less than
one thousand (1,000) at a cost of twenty ($20.00) dollars per thousand. The white
label will be used on bedding, as defined in the Act, that is manufactured of new
material. The yellow label will be used on bedding, as defined in the Act, that is
manufactured or remade of previously used material.

When purchasing or ordering labels, use cash, postal money order, or certified
check. Personal checks will not be accepted. Make postal money orders and certi-
fied checks payable to the South Carolina State Board of Health, Columbia, South
Carolina. When you order labels, state the type desired.

Do not forget to write or print on the label a description of the material used in
the filling.

All communications relative to the administration and enforcement of this Act
should be addressed to the Division of Industrial Health, South Carolina State
Board of Health, Columbia, S. C.

CARROTING

Definitions: For the purpose of carrying out the provisions of this resolution the
following terms are defined:

Hatters' Fur is any animal fiber or other substance used in the manufacture of
hats, which is treated or otherwise prepared by the process of, or, in a manner
similar to that of carroting.

Carroiing is the process of treating hatters' fur with mercury nitrate or any other
solution or material for the purpose of rendering the hatters' fur suitable in the
manufacture of hats.

Mercurial carrot is any solution or material containing mercury or its compounds
in combination with nitric acid or other materials and used in the carroting or prep-
aration of hatters' fur.

Effective December 1, 1941, the use of mercurial carrot in the preparation of hat-
ters' fur, or the use of mercurial carroted hatters' fur in the manufacture of hats,
is prohibited.

Provided, That any hat manufacturer or fur cutter having mercurial carroted hat-
ters' fur on hand December 1, 1941, may use said fur until it is consumed.

SEPTIC TANKS

The following rules and regulations governing septic tanks were adopted by the
board on February 21, 1940:

Section 1. A septic tank is recommended as a means of sewage treatment for a
residence, place of business, camp, school, or institution where public sewers are in-
accessible, impracticable, or non-existent, provided the septic tank will accomplish
adequate and satisfactory treatment of the sewage. A septic tank shall not be in-
stalled in case connection to a public sewerage system is practicable.

Section 2. No septic tank shall be installed which has a net liquid capacity of
less than five hundred (500) gallons.

Section 3. The plans for each septic tank shall be in accordance with approved en-
gineering standards in general and the following standards in particular: the length
shall be at least two (2) but not more than three (3) times the width; the uniform
liquid depth shall be not less than four (4) feet; and the theoretical detention period

§ 5002 Civil Code Page 170

shall be not less than twenty-four (24) hours based on the average daily flow.

Section 4. The plans for each septic tank having a capacity of one thousand (1000)
gallons or more shall have the approval of the state health officer before the tank is
installed. Each such tank shall have a second or effluent compartment not longer
than one-third the total length of the tank nor shorter than three (3) feet, and shall
be equipped with a dosing chamber and siphon if a tile field or filter is used for
secondary treatment of the tank effluent.

Section 5. Each septic tank shall be installed so as to receive approval of the state
board of health through a duly authorized agent.

Section 6. A grease trap shall be installed on the kitchen waste line preceding the
septic tank in each case where the tank serves a boarding house, cafe, restaurant,
hotel, or other public eating place. The grease trap shall have a theoretical detention
period of at least thirty (30) minutes.

Section 7. No septic tank effluent shall be discharged into any stream without spe-
cial approval of the state board of health through a duly authorized agent.

SEWER SYSTEMS AND SEWAGE TREATMENT PLANTS

Section 1. No sewage shall be placed or discharged to flow into any waters or
upon the lands of the State in any manner determined by the board to be prejudi-
cially effecting a public water supply or causing a nuisance.

Section 2. No municipality, corporation, company, institution, person or persons
shall install or enter into contract for installing, making any additions, changes or
alterations in a sewer system or sewage treatment plants until complete plans and
specifications fully describing such sewage works have been submitted to and have
the written approval of the state board of health.

Section 3. Upon application accompanied by an outline of any pro-proposed sewer
system or sewage treatment plant, or any changes in existing sewage works, the gen-
eral requirements which will meet the approval of the board will be outlined. Pre-
liminary or incomplete plans may be submitted for approval and recommendations,
if accompanied by a statement outlining omitted portions, detailed plans for which
shall be submitted for final approval.

Section 4. All plans shall be submitted in duplicate, one copy to be retained on
file by the board and one returned to the owner. Plans shall be approved as to
structural, mechanical and electrical features by licensed engineers before being
submitted for approval by the board and shall include:

(a) General plans

(b) Detailed plans

(d) Engineer's report

Section 5. The engineer's report for sewage work shall cover:

(a) Sewage flow—State the present and estimated population for municipalities
twenty-five years hence, and for both present and future needs.

(b) Industrial waste--Give character of industrial waste.

(d) Soil--Probable character of soil through which sewers will be laid and por-
tion of the system that will be below normal ground water level.

(e) Outfall— Describe the stream or body into which the final effluent is to be dis-
charged. If stream, give width, depth and estimate minimum flow; state for what
it is used below the outlet and whether there are any special features, such as a
dam, that will effect the flow. If a lake, give approximate area, also depth in vi-
cinity of the outfall.

Section 6. In general, in the design and construction of sewage work, approved
modern practice shall be followed and a licensed engineer shall supervise all con-
struction.

Section 7. Plans for sewage treatment plants will be approved only when the fol-
lowing rates of operations are not exceeded, except where special conditions exist,
when the board may permit higher rates.

Page 171 Boards of Health and Health Provisions § 5002

Section 8. Imhoff tanks.

(a) Settling chamber 1V2 to 2V2 hours retention.

(b) Sludge digestion chamber, capacity one to two (1 to 2) cubic feet per capita
computed below a horizontal plan eighteen (18) inches below slot. Sand filters—
1,000 persons per acre of area with minimum depth of three (3) feet above the
drains.

Contact beds-- 1,000 persons per acre of area per foot of depth with minimum
depth of 4 feet.

Trickling filters--3,000 persons per acre of area per foot of depth with minimum
depth of 5 feet.

The effective size of sand for filters should not be less than 0.2 millimeter nor
more than 0.4 millimeter. Contact beds shall consist of stone not less than one-half
inch nor more than 2 inches, and for trickling filters the sizes shall be three-quarters
of an inch to two and one-half inches.

The discharge of sludge or screening into a stream or watercourse will not be
permitted.

Section 9. On the completion of any sewage treatment plant or sewer system the
state board of health shall be notified when the final inspection is to be made.

RULES AND REGULATIONS GOVERNING WATER SUPPLY AND WATER

PURIFICATION PLANTS.

Section 1. No water furnished to the public for domestic use shall contain bac-
teriological, biological, chemical or physical impurities which shall injuriously
affect or tend to affect public health. The source, treatment, distribution and qual-
ity of the water shall be satisfactory to the State Board of Health according to san-
itary surveys and laboratory examinations.

Section 2. No municipality, district, corporation, company, institution, person or
persons shall install or enter into contract for installing, or making any additions,
changes or alterations in a water supply, water purification plant, until complete
plans and specifications fully describing such work have been submitted to and
received the written approval of the State Board of Health, and thereafter such
plans and specifications must be substantially adhered to unless deviations are
submitted to and receive the written approval of the State Board of Health.

Section 3. Upon application, accompanied by an outline of any proposed water
supply, water purification plant, or proposed improvements or extensions, the gen-
eral requirements which will meet the approval, will be outlined. Preliminary or
incomplete plans may be submitted for approval and recommendations, if accom-
panied by a statement outlining omitted portions; detail plans for which shall be
submitted for final approval.

Section 4. All plans shall be submitted in duplicate, one copy to be retained on
file by the board and one returned to the owner. Plans shall be approved as to struc-
tural, mechanical and electrical features by licensed engineers before being sub-
mitted for approval by the Board, and shall include:

(a) General plans

(b) Detailed plans

(d) Engineers report.

(e) All wells, intakes or other sources of supply.

(f) The purification plant

(g) All mains with their sizes
(h) All shut-off valves, hydrants

(i) Storage or distribution reservoirs

(j) Small scale map of water shed

Section S. Detailed plans for waterworks shall show:

(a) Details regarding intake pipe, crib, screens, etc., if water is taken from a
stream or lake.

(b) If ground water supply, details of the well or spring, the manner of protecting
the surface from surface wash or other pollution. A sketch showing all possible

§ 5002 Civil Code Page 172

sources of pollution within 500 feet, and the direction of the ground water flow.

(c) Complete details of the purification plant, including sedimentation and set-
tling chambers, collecting and piping system, methods of applying various chem-
icals, filters, including depth, size and uniformity of various strata, washing ar-
rangements, pumps, special devices, etc.

(d) Details of the pumping station and equipment.

(e) Any special appurtenances or fixtures in connection with the distribution
system.

(f) Details of elevated tanks, stand pipes or reservoirs used for storage of water.
Section 6. The engineer's report for waterworks shall cover:

(a) State the present and estimated population twenty-five years hence for mu-
nicipalities, for institutions, the present and ultimate capacity. Any special condi-
ions that might affect the growth of the municipality or institutions, also any indus-
rial activities that may affect the requirements of the water supply should be dis-
cussed. Give estimate of the daily total and per capital consumption, both for the
present and future population.

(b) The source of supply. Results of chemical and bacteriological analyses. If
surface supply, the area, population, and a description of the tributary watershed
shall be given. All possible sources of pollution, topographical and geographical
features of the watershed, and other conditions that might in any way affect the
quality and quantity of the supply shall be discussed in detail.

(c) Purification— State reason for adopting the method of purification outlined,
specifying any experimental work done. Describe any special appliances.

(d) Pumping Equipment—The number, type, size and capacity of the various sizes
of pipe and describe any special features.

(e) Distribution System— State the class, width and amount of the various sizes
of pipe and describe any special features.

(f) Storage— Give amount and location of the storage available, both before and
after purification, together with details regarding its affect upon the quality of the
water.

(g) Fire Protection— Discuss adequacy of fire protection with regard to pressure
and capacity.

Section 7. In general, in the design and construction of waterworks, approved
modern practice shall be followed and a licensed engineer shall supervise all
construction.

Section 8. For waterworks systems there shall be provided a suitable intake prop-
erly screened for surface supplies. Wells and springs shall be adequately protected
from all surface wash. Ground water sources shall be so located that there will be
no danger of pollution from unsanitary surroundings, such as cesspools, privies,
sewers, etc.

Section 9. The pumping equipment shall be divided into two or more units, ex-
cept where ample storage is available to permit the necessary repairs without inter-
rupting service.

Section 10. Some modern method of purification, applicable to the needs of the
municipality or institution, and adaptable to the water to be treated, shall be pro-
vided in connection with all surface supplies. Purification plants shall be divided
into a sufficient number of units to allow for necessary repairs and alterations with-
out interrupting the services or impairing the quality of the water delivered.

Section 11. Ground supplies— Some method shall be provided for the treatment of
all ground waters found to be corrosive or contain chemicals or minerals which will
make this water objectionable for general use.

Section 12. Sterilization— Before being placed into service, all new water distribu-
tion systems, or extensions to existing systems, or any valved section of such exten-
sion or any replacement in the existing water distribution system shall be sterilized.
The following procedure or its alternatives shall be followed:

Par. 1. Preliminary flushing: (Not applicable to procedure of Par. 16, 17, 18
and 19.) Prior to sterilization, all dirt remaining in pipe after its completion shall be

Page 173 Boards of Health and Health Provisions § 5002

removed by a thorough flushing through the hydrants. This may be done either
before or after the trench shall have been back-filled and after the pressure test.
Each valved section of newly laid pipe shall be flushed independently.

Par. 2. Liquid chlorine: A chlorine gas-water mixture shall be applied by means
of a solution feed chlorinating device, or the gas may be fed directly from a chlo-
rine cylinder equipped with proper devices for regulating the rate of flow and the
effective diffusion of gas within the pipe. (Chlorination with the gas-water mixture
is preferred to direct feed.)

Par. 3. Point of application: The preferable point of application of the steriliza-
tion agent shall be at the beginning of the pipe fine extension, or any valved sec-
tion of it, and through a corporation cock inserted in the horizontal axis of the
newly laid pipe. The water injector for delivering the gas-water mixture into the
pipe shall be supplied from a tap on the pressure side of the gate valve controlling
the flow into the pipe line extension.

Par. 4. Rate of application: Water from the existing distribution system or any
completed extension of it, entering the newly laid pipe line shall be controlled to
flow slowly during the. application of chlorine. The rate of chlorine gas-water mix-
ture flow shall be in such proportion to the rate of water flowing through the pipe
that the treated water entering the newly laid pipe shall have a concentration of
residual chlorine of from 40 to 50 parts per million.

Par. 5. Back pressure in the pipe being treated shall be prevented.

Par. 6. Retention period: Treated water shall be retained in the pipe long
enough to destroy all non-sporeforming bacteria. This period shall be at least three
hours and preferably longer as may be directed. After the chlorine treated water
has been retained for the required time, the chlorine residual at representative
points shall be at least 5 parts per million.

Par. 7. In the process of sterilization newly laid water pipe involving more than
one valved section, all valves or other appurtenances shall be operated while the pipe
line is filled with the sterilization agent

Par. 8. Final flushing and test: Following sterilization, all treated water shall
be thoroughly flushed from the newly laid pipe line at its extremities until the
water through its length shall, upon test, both chemically and bacteriologically be
proven equal to the water quality served the public from the existing -water supply
system.

Par. 9. Should the initial treatment prove ineffective, the sterilization procedure
shall be repeated until confirmed tests show that water sampled from newly laid
pipe line conforms to the requirements of Par. 8.

Par. 10. Calcium hypochlorite or chlorinated lime in water: A mixture of either
calcium hypochlorite or chlorinated lime and water may be substituted as an alter-
native for liquid chlorine.

Par. 11. Calcium hypochlorite shall contain not less than 70 per cent available
chlorine, comparable to commercial products known as "HTH", "Perchloron", and
"Maxochlor".

Par. 12. Chlorinated lime, frequently called chloride of lime and known to in-
dustry as bleaching powder, shall contain not less than 24 per cent available chlorine.

Par. 13. Proportions of calcium hypochlorite or chlorinated lime and water mix-
ture: A 5 per cent solution shall be prepared, consisting of 5 per cent of either
powder to 95 per cent of water by weight.

Par. 14. Application: This calcium hypochlorite or chlorinated lime and water
mixture, first made into a paste and then thinned to a slurry, shall be injected or
pumped into the newly laid pipe under conditions heretofore specified for liquid
chlorine application, (Par. 2 and 7) after preliminary flushing. (Par. 1).

Par. 15. Provisions for final flushing, testing and approval under this alternative
shall be similar to those described in Pars. 8 and 9.

Par. 16. Dry calcium hypochlorite or chlorinated lime: Dry calcium hypochlorine
or chlorinated lime of the same chlorine content as that specified in Pars. 11 and 12
may be employed as an alternative procedure wherever facilities are not available

§ 5002 Civil Code Page 174

for sterilization in the manner heretofore specified.

Par. 17. The dosage of calcium hypochlorite powder containing 70 per cent avail-
able chlorine shall be one pound for each 1,500 gallons of water pipe capacity
treated; chlorine yielding compounds other than calcium hypochlorite powder may
be used in amounts proportional to their available chlorine content. This dostage is
equivalent to a treatment of 50 parts per million available chlorine; in like man-
ner, one pound of calcium hypochlorite powder will treat 1,860 gallons of water to
40 parts per million available chlorine.

Par. 18. Points of application: A predetermined dose shall be shaken into the
pipe, or deposited in a soluble container secured at the first joint attached to the
existing water pipe, and the dosage shall be repeated at intervals not greater than
100 feet, and preferably at lesser intervals, as the pipe laying progresses, as may be
directed by the engineer.

Par. 19. When treated with dry calcium hypochlorite, or with dry chlorinated
lime, the new pipe shall be filled very slowly to avoid washing the powder to the
extremity of the pipe line.

Par. 20. The period of retention, valve manipulation and final flushing and test-
ing shall be according to the requirements of Pars. 6, 7, 8, and 9 respectfully.

Par. 21. In the event that the test proves unsatisfactory, sterilization shall be
repeated by employing acceptable alternative procedures until a satisfactory condi-
tion of the water within the pipe is established.

Par. 22. Cuts made in existing pipe lines for the insertion of valves, fittings, re-
pairs, or for any purpose shall be sterilized by shaking a quantity of the powder,
pre-determined by the engineer, into the pipe on each side of the out-in. After slowly
filling the section and reversing the flow the chlorinated water shall be retained
for several hours, then flushed until no odor of chlorine can be detected in the waste
water, or preferably until a check shall have been made for residual chlorine as
provided in Par. 6.

Par. 23. After satisfactory sterilization by any of these alternative procedures
the consumers may be served from the newly, laid pipe line, or the service may be
resumed on existing pipe lines.

Section 13. Auxiliary intakes, by-passes or cross-sections whereby polluted
water may be pumped or allowed to flow into the distribution system is prohibited.

(a) An existing cross-connection may be continued on condition that monthly in-
spections are made and the results reported to the board. The board, however, re-
serves the right to require the elimination of any cross-connection if inspections are
not made or if the connection is found faulty. These inspections shall be made by the
city water department or the water company, who has charge of the water supply
for furnishing water to the city or town.

(b) New cross-connections are prohibited.

Section 14. On the completion of any new water purification plant, or water sup-
ply distribution system the state board of health shall be notified when the final
inspection is to be made.

VITAL STATISTICS -UNDER ARTICLE 5. SECTION 5130-5135 OF THE
CIVIL CODE OF 1932, THE FOLLOWING RULES AND
REGULATIONS ARE ADOPTED AND PROMULGATED
Section 1. Arrangement of registration districts— That for the purpose of these
rules and regulations, the State shall be divided into registration districts, as fol-
lows: Every city, town and township shall constitute a registration district; provided,
that the state registrar may combine two or more registration districts into one reg-
istration district.

Section 2. Appointment of registrars— The state registrar shall appoint local reg-
istrars. Any local registrar who fails or neglects to discharge efficiently the duties of
his office as laid down in these rules and regulations, or who fails to make prompt
and complete returns of births and deaths, as required thereby, shall be forthwith
removed from his office of registrar by the state board of health, and his successor

Page 17o Boards of Health and Health Provisions § 5002

appointed, in addition to any other penalties that may be imposed under other
sections hereof for failure or neglect to perform his duty.

Section 3. Depuly and sub-regisirars--Each local registrar shall, immediately up-
on his acceptance of appointment as such, appoint a deputy, whose duty it shall be to
act in his stead in case of absence, illness or disability, who shall, in writing, accept
such appointment, and who shall be subject to all rules and regulations governing
local registrars. And when it may appear necessary for the convenience of the peo-
ple in any township, the local registrar shall, upon the request of the state regis-
trar, appoint one or more suitable persons to act as sub-registrar, who shall be au-
thorized to receive certificates and to issue burial or removal permits in and for
such portions of the district as may be designated; and each sub-registrar shall note,
over his signature, the date on which each certificate was filed, and shall forward
all certificates to the local registrar of the district within ten days, and in all cases
before the third day of the following month. Provided, that all sub-registrars shall
be subject to the supervision and control of the state registrar and may be by him
removed for neglect or failure to perform their usual duties in accordance with the
provisions of the rules and regulations of the state registrar, and they shall be
liable to the same penalties for neglect of duties as the local registrar.

DEATH CERTIFICATES

Section 4. Nobody lo be buried or removed without permit— That the body of
any person whose death occurs in the State, shall not be interred, deposited in a
vault or tomb, cremated, or otherwise disposed of, or removed from or into any
registration district or be held pending further disposition more than seventy-two
hours after death, until a permit for burial, removal or other disposition thereof
shall have been properly issued by the local registrar, sub-registrar (or his deputy)
of the registration district in which the death occurred.

Section 5. Cerfiiicates in "sparsely settled" districts—Provided, that in sparsely
settled districts, or when it is impracticable to file a death certificate and obtain a
burial or removal permit, a body may be buried or removed from such district
without a permit, but a cerificate of death shall be filed with the registrar within
ten days.

Section 6. Bodies brought into the Slate— No such burial or removal permit shall
be issued by any registrar until a complete and satisfactory certificate of death has
been filed with him as hereinafter provided, except as above set forth; that when a
dead body is brought into the State for burial, the transit permit which accompanies
such body shall be filed with the local registrar of the district where burial or other
disposition of which takes place; and the registrar shall note date and place of
burial of such permit; and forward same to the state registrar. No fee shall be re-
quired for the issue of burial or removal permits in this State.

Section 7. Still-births reported as births and deaths— That still-born children and
those dead at birth shall be registered as births and also as deaths, and a certificate
of both the birth and death shall be filed with the local registrar, in the usual form
and manner, the certificate of birth to contain, in place of the name of the child, the
word "still-birth". The medical certificate of the cause of death shall be signed by
the attending physician, if any, and shall state cause of death as "still-born", with
the cause of the still birth, if known, whether a premature birth, and if born pre-
maturely, the period of uterine gestation, in months, if known; and a burial or re-
moval permit in the usual form shall be required. Midwives shall not sign certifi-
cates of death for still-born children; but such cases, and still-births occurring with-
out attendance of either physician or midwife, shall be treated as deaths without
medical attention or attendance, as provided for in section 9 of these regulations.

Section 8. Contents of death certificates— That the certificate of death shall be of
the United States standard form as approved by the bureau of census, and shall
contain the following items:

(1) Place of death, including State, county, township, city, the ward, street and

§ 5002 Civil Code Page 176

house number. If in a hospital or other institution, the name of the same to be given
instead of the street and house number. If in an industrial camp, the name of the
camp to be given.

(2) Full name of decedent. If an unnamed child, the surname preceded by "un-
named".

(3) Sex.

(4) Color or race, as white, black (negro or negro descent), Italian, Chinese, Japa-
nese, or other.

(5) Conjugal conditions, as single, married, widowed or divorced.

(6) Date of birth (month, day, and year).

(6a) Name of husband or maiden name of wife.

(7) Age, years, months, days. If less than one day, hours or minutes.

(8) Specific occupation of any person who had any remunerative employment,
women as well as men. Use such terms as bookkeeper, lawyer, spinner, farmer,
garage mechanic, minister.

(9) General nature of industry, business such as grocery store, sawmill, textile
(cotton) or silk mill, own farm (or tenant farmer), Smith's Garage, Grace Meth-
odist Church.

(10) Date (month, day and year), the deceased last work in this occupation.

(11) Total time (years) spent in this occupation.

(12) Birthplace (city, town or county and State or country).

(13) Name of father.

(14) Birthplace of father (city, town or county and State or country).

(15) Maiden name of mother.

(16) Birthplace of mother (city, town or county and State or country).

(17) Name and address of informant.

(18) Place and date of burial or removal.

(19) Name and address of undertaker.

(20) Date of filing and official signature of local registrar.

(21) Month, day and year of death.

(22) Statement of medical attendance on decedent, fact and time of death, dura-
tion of attendance, time last seen alive and the primary cause of death with con-
tributory (secondary) cause or complication, if any, and duration of each; state-
ment of relationship or influence, if any, of pregnancy, giving qualifying explana-
tion, name and date of operation, if any; diagnostic confirmation, if any; post mor-
tem, if any, to be indicated.

(23) Statement concerning violent deaths or those due to external causes, specify-
ing how death occurred, date and place of injury, whether in home, public street
or highway. The manner and nature of injury is also to be given.

(24) Statement of relation, if any, of injury to occupation of deceased.

(25) Signature and address of attending physician.

How Ihe certiiicate is to be signed--The personal and statistical particulars (items
1 to 18) shall give the name and address of the informant who may be any compe-
tent person acquainted with the facts.

The statement of facts relating to the disposition of the body shall be signed by
the undertaker or person acting as such.

What physician must certify--The medical certificate shall be made and signed
by the physician, if any, last in attendance on the deceased, who shall specify the
time in attendance, the time he last saw the deceased alive and the hour of the day
at which death occurred. And he shall further state cause of death, so as to show
the cause of the disease or sequence of causes resulting in the death, giving first
the name of the disease causing death (primary cause), and the contributory (sec-
ondary) cause or causes, if any, and the duration of each. Indefinite and unsatisfac-
tory terms, indicating only symptoms of disease or conditions resulting from dis-
ease, will not be held sufficient for issuing a burial or removal permit; and any
certificate containing such terms, as defined by the state registrar, shall be returned
to the physician for correction and more definite statement. Causes of death, which

Page 177 Boards of Health and Health Provisions § 5002

may be the result of either disease or violence, shall be carefully defined; and if
from violence, the mans of injury shall be stated, and whether (probably) acci-
dental, suicidal, homicidal. And in deaths in hospitals, institutions, or of nonresi-
dents, the physician shall furnish the information required under this head and may
state where, in his opinion, the disease was contracted.

Section 9. Certificates for deaths without physician's attendance--That in case of
death occurring without medical attendance, it shall be the duty of the undertaker
or other person acting as such, to notify the local registrar of such death, and when
so notified the registrar is authorized to make the certificate and return from the
statement of relatives or other persons having adequate knowledge of the facts:
provided, further, that if the death is caused by unlawful or suspicious means, the
registrar shall then refer the case to the coroner for his investigation and certifica-
tion. And any coroner whose duty it is to hold an inquest on the body of any de-
ceased person, and to make the certificate of death required for burial permits, shall
state in his certificate the name of the disease causing death, or if from external
causes, (1) the means of death; (2) whether (probably) accidental, suicidal or homi-
cidal; and shall in either case furnish such information as may be required by the
state registrar in order properly to classify the death.

Section 10. Duties of underlaker--The undertaker, or person acting as undertaker,
shall be responsible for obtaining and filing the certificate of death with the local
registrar of the district in which the death occurs, and for securing a burial or re-
moval permit, prior to any disposition of the body, except as otherwise provided
herein. He shall obtain the personal and statistical particulars required from the
person best qualified to supply them, giving the name and addresses of his infor-
mant. He shall then present the certificate to the attendant physician, if any, or to
the health officer, or coroner, as directed by the local registrar, for the medical cer-
tificate of the cause of death and other particulars necessary to complete the record
as specified in sections 7 and 8. And he shall then state the facts required relative to
the date and place of burial, over his signature and with his address, and present
the completed certificate to the local registrar in order to obtain a permit for bur-
ial, removal or other disposition of the body.

Section 11. Disposition of burial permit--The undertaker shall deliver the burial
permil to the sexton, or person in charge of the place of burial, before interring or
otherwise disposing of the body; or he shall dispose of the transit permit as pro-
vided by law for the transportation of corpses in this State when shipped by a
transportation company; said permit to accompany the corpse to its desired desti-
nation, and if the burial shall take place within the State of South Carolina, the per-
mit shall be delivered to the sexton or other person in charge of the place of burial.

Section 12. Regulations governing transportation of dead in South Carolina— The
use of the separate transmit permit discontinued herewith and the combination
burial-removal-transit permit is to be used therefor. Such burial-removal-transit
permit shall be given interstate recognition. Permit to be attached to case: A burial-
transit permit shall be attached in a strong envelope to the shipping case when a
cody is to be transported by common carrier. Any body to be shipped by common
carrier shall be embalmed if its condition permits. If embalming is not possible, or
if the body is in a state of decomposition, it shall be shipped only after enclosure in
a strong tightly sealed outer case.

Section 13. Permit for burial within the State--That if the interment or other dis-
position of the body is to be made within the State, the wording of the burial per-
mit may be limited to a statement by the registrar, and over his signature, that a
satisfactory certificate of death having been filed with him, as required by law, per-
mission is granted to inter, remove, or otherwise dispose of the deceased, stating
the name, age, sex, cause of death and other necessary details, upon the form pre-
scribed by the state registrar.

Section 14. Duties of sextons— And each sexton or person in charge of any burial
ground shall indorse upon the permit the date of interment over his signature, and

§ 5002 Civil Code Page 178

shall return all permits so endorsed to the local registrar of his district within ten
days from date of interment, or within the time fixed by the state board of health.
Every sexton of a public cemetery shall keep a record of all interments made in the
premises under his charge, stating the name of the deceasd person, place of death,
date of burial and name and address of the undertaker or person acting as such
Where there is no sexton or person in charge of cemetery or burial ground, the un-
dertaker, or person in charge of burial ground, the undertaker, or person in charge
of burial, shall write across face of permit "no person in charge."

BIRTH CERTIFICATES

Section 15. Duties of physicians and midwives--That it shall be the duty of the at-
tending physician or midwife to file a certificate of birth, properly and completely
filled out, giving all the particulars required hereby, with the local registrar of the
district in which the birth occurs, within ten days after date of birth.

Section 16. Report where there is no physician or midwife--And if there be no at-
tending physician or midwife, then it shall be the duty of the father or mother of
the child, householder or owner of the premises, manager or superintendent of public
or private institution in which the birth occurred, to notify the local registrar, within
ten days after birth, of the fact that the birth had occurred. It shall then be the
duty of the local registrar to secure the necessary information and signature 'to
make a proper certificate of birth.

Section 16a. Filing of birth certificates subsequent to the death of the attending
physician or midwife-— The state registrar is hereby empowered to accept birth cer-
tificates that are not filed within the prescribed ten days as previously provided for.
and when the physicians or midwives who attended the births die prior to filing
such certificates, provided the following requirements are met:

Certificates are to be made out in the prescribed manner and signed by one of
the parents on the line ordinarily used by the physician. After the signature the
word father or mother, as the case may be, is written. Two affidavits are to be filled
out and signed by as many people, other than the parents. The affidavits will set
forth the facts that the affiant is at least 12 years older than the child in question,
and has known the mother of the child for at least five years prior to the occurrence
of the birth, and that he (or she) knows the child in question to have been born to
the said mother at the place indicated and on or about the date indicated.

Such affidavits must be signed before a notary public or other officer qualified to
administer oaths, and will bear his (or her) seal. The certificate with the two affida-
vits will then be filed with the state registrar as the original record of birth.

Section 17. Contents of birth certilicates--The certificates of birth shall contain
the following items:

1. Place of birth, including State, county, magisterial district, town, or city. If in
a city, the ward, street, and house number; if in a hospital or other institution, the
name of the same shall be given, instead of street and house number.

2. Full name of child. If the child dies without a name, before the certificate is
filed, enter the words "died unnamed." If the living child has not been named at
the date of filing certificate of birth, the space for "full name of child" is to be left
blank, to be filled out subsequently by supplemental report, as hereinafter provided.

3. Sex of child.

4. Whether a twin, triplet, or other plural birth. A separate certificate shall be re-
quired for each child in cases of plural births, giving number of child, in order of
birth.

5. Whether legitimate or illegitimate.

6. Full name of father, except for illegitimate children.

7. Residence of father.

8. Color or race of father.

9. Birthplace of father; State or foreign country.

10. Age of father at last birthday, in years.

11. Occupation of father.

Page 179 Boards of Health and Health Provisions § 5002

12. Maiden name of mother.

13. Residence of mother.

14. Color or race of mother.

15. Birthplace of mother; State or foreign country.

16. Age of mother at last birthday, in years.

17. Occupation of mother.

18. Number of child of this mother, and number of children of this mother now
living.

19. Born at full term?

20. The certificate of attending physician or midwife as to attendance at birth in-
cluding statement of year, month, day and hour of birth, and whether the child was
alive or dead at birth. The certificate of physician, midwife or other attendant as to
kind of prophylactic instilled into the babies eyes as well as the hour at which such
instillation was made as provided for by act 108 of 1939 General Assembly. This
certificate shall be signed by the attending physician or midwife, with the date of
signature and address. If there is no physician or midwife in attendance, then the
mother or father of the child householder or owner of the premises, or manager or
superintendent of public or private institution, or other competent person, whose
duty it shall be to notify the local registrar of such birth, as required by section 15
of these regulations.

21. Exact date of filing in office of local registrar, attested by his official signa-
ture, and registered number of birth, as hereinafter provided.

Section 18. How certificates lo be written--All certificates, either of birth or
death, shall be written legibly in unfading black ink, and no certificate shall be
held to be complete and correct that does not supply all the items of information
called for herein, or satisfactorily account for their omission.

Section 19. Unnamed children—supplemental reporls--That when any certificate
of birth of a living child is presented without the statement of the given name, then
the local registrar shall make out and deliver to -the parents of the child a special
blank for the supplemental report of the given name of the child, which shall be
filled out as directed, and returned to the local registrar as soon as the child shall
have been named.

Section 20. Reports of persons now in institutions--That all superintendents or
managers, or other persons in charge of hospitals, almshouses, lying-in or other
institutions, public or private, to which persons resort for treatment of disease, con-
finement, or are committed by process of law, are hereby required to make a record
of all of the personal and statistical particulars relative to the inmates in their in-
stitutions at the date of the approval hereof, that are required in the forms of the
certificate provided for hereby, as directed by the state registrar; and hereafter
such records shall be, by them, made for all future inmates at the time of their ad-
mission. And in case of persons admitted or committed for medical treatment of
disease, the physician in charge shall specify for entry in the record the nature of
the disease, and where, in his opinion, it was contracted. The personal particulars
and information required by this section shall be obtained from the individual him-
self, if it is practicable to do so; and when they cannot be obtained, they shall be
secured in as complete a manner as possible from relatives, friends, or other per-
sons acquainted with the facts.

Section 21. State registrar to provide forms— That the state registrar shall pre-
pare, print, and supply to all registrars all blanks and forms used in registering, re-
cording and preserving the returns, or in otherwise carrying out the purpose hereof;
and shall prepare and issue such detailed instructions as may be required to secure
the uniform observance of its provisions and the maintenance of a perfect system of
registration. And no other blanks shall be used than those supplied by the state
registrar.

Section 22. Binding of permanent records, etc.--He shall further arrange, bind
and permanently preserve the certificates in a systematic manner, and shall prepare

§ 5002 Civil Code Page 180

and maintain a comprehensive and continuous card index of all births and deaths
registered; the cards to show the name of child or deceased, place and date of birth
or death, number of certificate, and the volume in which it is contained. He shall in-
form all registrars what diseases are to be considered as infectious, contagious, or
communicable or dangerous to the public health, in order that when death occurs
from such diseases proper precautions may be taken to prevent the spreading of
dangerous diseases.

Section 23. Other duties of state registrar--He shall carefully examine these cer-
tificates received monthly from the local registrars, and if any such are incomplete or
unsatisfactory he shall require such further information to be furnished as may be
necessary to make the record complete and satisfactory. And all physicians, midwives,
informants or undertakers, and all other persons having knowledge of the facts, are
hereby required to furnish such information as they may possess regarding any
birth or death, upon demand of the state registrar, in person, by mail, or through
the local registrar.

Section 24. Duties of local registrars--That it shall be the duty of the local regis-
trar to supply blank forms of certificates to such persons as require them. Each local
registrar shall carefully examine each certificate of birth or death when presented
for record, to see that it has been made out in accordance with the provisions here-
of, and the instructions of the state registrar, and if any certificate of death is in-
complete or unsatisfactory, it shall be the duty to call attention to the defects in the
returns, and to withhold issuing the burial or removal permit until they are cor-
rected or satisfactorily explained. If the certificate of death is executed as herein
provided, he shall then issue a burial or removal permit; provided, that in case the
death occurred from some disease that is held by the state board of health to be in-
fectious, contagious, or communicable and dangerous to the public health, no per-
mit for the removal or other disposition of the body shall be granted by the regis-
trar, except under such conditions as may be prescribed by law. If a certificate of
birth is incomplete, he shall immediately notify the informant, and require him to
supply the missing items if they can be obtained.

Section 25. Numbering of certificates--He shall then number consecutively the
certificates of birth and death, in two separate series, beginning with the number
one for the first birth and the first death in each calendar year, and sign his name
as registrar in attest of the date of filing in his office.

Section 26. To file copy of records with clerk--He shall also make a complete and
accurate copy of each birth and death certificate registered by him in a record book
supplied by the state registrar, and the local registrar of every district located in
any county shall, within fifteen days after the end of each calendar year, transmit
such record book to the county clerk's office of his county and shall take a receipt
from the clerk therefor, which receipt shall be transmitted to the state registrar.
Said record book shall be preserved by the clerk as a permanent record.

Section 27. When certificate to be filed--And the local registrar shall, on the tenth
day of each month, transmit to the state registrar all original certificates, registered
by him, during the preceding month. And if no births or deaths occur in any
month, he shall, on the tenth day of the following month, report that fact to the
state registrar on a card provided for this purpose.

Section 28. Powers of state registrar in case of violations of law— The state regis-
trar is hereby charged with the thorough and efficient execution of the provisions of
this act in every part of the State, and with supervisory power over local registrars,
to the end that all its requirements shall be uniformly complied with. He shall have
authority to investigate cases of irregularity or violation of law personally, or by an
accredited representative, and all registrars shall aid him, upon request, in such in-
vestigations. When he shall deem it necessary, he shall report cases of violation of
any of the provisions hereof to the magistrate, with a statement of the facts and
circumstances; and when any such case is reported to him by the state registrar, the
magistrate shall forthwith initiate and promptly follow up the necessary court pro-
ceedings against the persons responsible for the alleged violation of law.

Page 181 Boards of Health and Health Provisions § 5006

Slatute regulating tourist camps in ject. Sansing v. Cherokee County Tour-
Cherokee County unconstitutional, since ist Camp Board, 195 S. C. 7, 10 S. E
this section is a general law on the sub- (2d) 157.

§ 5002-1. Penalties violate rules of board of health.— Any person, who
shall after notice, violate, disobey, refuse, omit or neglect to comply with
any rule of said executive committee of the state board of health, made by
it in pursuance of this section and § 5002, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not exceeding the sum of one
hundred dollars, or be imprisoned for thirty days: provided, this section
shall not apply to any person until the rules of state board of health are
promulgated.

1932 Code, § 5003; Civ. C. '22, § 2314; Cr. C. '22, § 395; 1912 (27) 744.

§ 5003. State board supervise, establish and control quarantine. — The state
board of health shall supervise and control the quarantine system of the
State, and shall annually, or oftener if necessary, require reports from the
health officer on such forms as may be prescribed in all matters pertaining
to quarantine. They shall also be authorized to establish quarantine, both
by land and sea. The quarantine shall not be established except by the
advice and consent of the Governor:

1932 Code, § 5004; Civ. C. '22, § 2315; Civ. C. "12, § 1574; Civ. C. '02, § 1089; G. S.
917; R. S. 968: 1878 (16) 730.

§ 5004. State board order and enforce vaccination or quarantine. — The

state board of health and its duly appointed representatives shall have
power to order and enforce the vaccination of all such persons as it may
consider necessary for the preservation of the public health: provided, that
any person who has been exposed to the contagion and refuses vaccina-
tion, shall not be forcibly vaccinated, but in the discretion of the state
board of health, or their agent, be quarantined and guarded until the pe-
riod of incubation of the threatened disease has passed.

1932 Code, § 5023: Civ. C. '22, § 2333; Civ. C. '12, § 1587; Civ. C. '02, § 1093; 1899
(23) 104.

§ 5005. State board cooperate with federal government in protecting live-
stock industry — regulations. — It shall be the duty of the state board of
health to cooperate with officials of the federal government and with those
of other States in establishing interstate quarantine lines, and in making
and enforcing of such rules and regulations as shall best protect the live
stock industry of this State against infectious or contagious diseases.

The said state board of health shall prescribe such rules and regulations
as are necessary within said quarantine lines for the preservation of the
live stock industry within such territory and duly promulgate the same.

1932 Code, § 5025; Civ. C. '22, § 2335; Civ. C. '12, § 1590; Civ. C. '02, § 1096; 1899
(23) 103.

§ 5006. State board supervise local boards of health. — The state board of
health is invested with authority to direct and supervise the action of the
local board of health in incorporated cities and towns and in all townships
in all matters pertaining to said local boards, and upon refusal or neglect
to execute the orders of the state board of health, the members of the local
board shall be subject to removal by the said state board of health. Such
removal shall not be made until ten days' notice of the charges against the
offending members of the local board shall have been mailed to or served

5006 Civil Code Page 182

upon him or them, stating the cause of complaint and the time and place
for the answer to said charges. Said removal to be additional to any pen-
alty now imposed by law; and it shall be the duty of the secretary of said
local board to report to the state board of health all such facts and sta-
tistics as may be required of them, under such regulation and upon such
blanks as may be presented and furnished for the same, and any secretary
of a local board who shall fail to make such return or refuse to obey any
regulation or demand of the state board of health shall be deemed derelict
in duty, and upon failure to show cause for same shall be subject to re-
moval by the said state board of health.

1932 Code, § 5015; Civ. C. '22, § 2326; Civ. C. '12, § 1585; Civ. C. '02, § 1091; 1901
(23) 733.

§ 5007. Executive committee of stale board recommend, etc., for registra-
tion of vital statistics. — It shall be the duty of the executive committee of
the state board of health to recommend such provisions of law as shall be
deemed necessary for the thorough organization of a system of registra-
tion of vital statistics throughout the State, and shall prepare the neces-
sary methods and forms of obtaining and preserving such statistics.

1932 Code, § 5014; Civ. C. '22, § 2325; Civ. C. '12, § 1584; Civ. C. '02, § 1090; G. S.
918; R. S. 969; 1878 (16) 730.

§ 5008. State board promote prevention and cure of cancer.

(1) Plan for care and treatment of indigent cancer patients and establish
standard for organization, equipment and conduct of cancer units in general
hospitals. — It shall be the duty of the state board of health to formulate a
plan for the care and treatment of indigent persons suffering from cancer,
and to establish and designate standard requirements for the organization,
equipment and conduct of cancer units or departments in general hos-
pitals of this State. The state board of health shall consult with physicians
designated by the president of the medical association of South Carolina,
and with such other experts or non-experts wherever located as it may
deem proper with a view to carrying out the purposes of this section, and
with a view of establishing a minimum standard for the conduct and equip-
ment of cancer units or departments in general hospitals in such parts or
districts of the State as may, in the opinion of the said state board of health,
be deemed most advantageous to the public health.

(2) Conduct educational campaign for cancer control. — The said state
board of health shall formulate and put into effect an educational plan for
the purpose of preventing cancer, and for the purpose of aiding in the
early diagnosis of cancer, and for the purpose of informing hospitals and
cancer patients of the proper treatment.

(3) Plan for care and treatment of indigent cancer patients — acquire prop-
erty. — The said state board of health is authorized and directed to make
rules and regulations specifying to what extent and on what terms and
conditions indigent cancer patients of this State may receive financial aid
for the diagnosis and treatment of cancer in any approved hospital in this
State. The said state board of health is authorized to furnish aid to indi-
gent cancer patients of this State who are citizens of this State, to the ex-
tent of, and within the available funds as the said state board of health
shall deem proper. The said state board of health shall have the power in
its discretion to administer such aid in any manner which in its judgment
will afford the greater benefit to cancer patients throughout the State, and

Page 183 Boards of Health and Health Provisions § 5009

shall have the power, to the extent of and within the available funds
which may be provided, to acquire such laboratories, hospitals, or other
property, either real or personal, by gift, purchase, devise or otherwise,
as the said state board of health shall in its discretion deem advisable to
afford proper treatment and care to patients in this State, and carry out
the intent and purpose of this section.
1939 (41) 464.

§ 5009. Sterilize certain inmates of penal or charitable institutions.

(1) Executive committee of state board of health may order certain in-
mates to be sterilized — petition Iherefor — service of petition — hearing on
pstilion — guardian ad litem represent inmate — evidence — keep records. —
Whenever the superintendent, or any other person or persons in charge of
any penal or charitable institution of this State shall be of the opinion that
it is for the best interest of the inmates of the institution of which he is
superintendent, or person in charge, that any inmate of such institution
who is afflicted with any hereditary form of insanity that is recurrent,
idiocy, imbecility, feeble-minded or epilepsy should be sexually sterilized,
such superintendent, or other person in charge, shall present to the execu-
tive committee of the state board of health, of this State, a written peti-
tion stating the facts of the case, and the grounds of his opinion verified by
his affidavit to the best of his knowledge and belief, and praying that an
order may be entered by the said committee authorizing him to perform
or have performed by some competent physician, or surgeon to be desig-
nated by him in his petition, or by the committee in its order, upon such
inmate named in such petition, at one of the institutions of the State, the
operation of vasectomy, if upon a male, and of salpingectomy, if upon a
female, or such other safe and proper operation as medical science may
provide to accomplish such purpose.

A copy of such petition shall be served upon such inmate named there-
in, together with a notice in writing designating the time and place in said
institution, not less than thirty (30) days before the presentation of such
petition to the executive committee of the state board of health, when
and where the committee will hear and act upon such petition. If such in-
mate has a parent, child, brother, sister, guardian or committee residing
in this State whose name and place of residence are known to such super-
intendent, a copy of such petition and notice shall be served upon such
parent, child, brother, sister, guardian, or committee, whichever may be
first found upon whom such service may be made. If such notice cannot
be served, the superintendent shall file a copy of such petition in the office
of the clerk of court of the county where the inmate last resided, if known;
and a certificate of the sheriff of the county where such patient has had his
or her residence, if known, shall be filed with the executive committee of
the state board of health, and no further service of process shall be had.

After the notice required by this section shall have been given as here-
in provided, the executive committee of the state board of health, at the
time and place named therein, with such reasonable continuances from
time to time and from place to place as the committee may determine,
shall proceed to hear and consider the said petition and the evidence of-
fered in support of and against the same. For every such inmate the com-
mittee shall appoint a guardian ad litem who must be present at the hear-
ing to defend the rights and interests of such inmate. And the committee

§ 5009 Civil Code Page 184

shall see to it that such inmate shall have leave and opportunity to attend
such hearings in person, if desired by him, or by his parent, guardian or
committee served with such petition as aforesaid.

The executive committee of the state board of health may receive and
consider as evidence at such hearing the commitment papers and other
records of such inmate in any of the aforesaid state institutions as certi-
fied by the superintendent or superintendents thereof, together with such
other legal evidence as may be offered by any party to the proceeding. Any
member of the committee shall have the power to administer oaths to the
witnesses at such hearings. Depositions may be taken by any party after
due notice as in pending cases and such depositions may be read in evi-
dence pertinent to the issue: provided, however, that no deposition shall
be read against such inmate, except with the consent of his guardian ad
litem, unless it be taken in the presence of the guardian ad litem or upon
interrogatories agreed on by him. The committee shall preserve and keep
all record evidence offered at such hearings, and shall have all oral evi-
dence heard thereat reduced to writing and preserved and kept with its
records. Any party to the proceedings shall have the right to be repre-
sented by counsel at such hearings.

The executive committee of the state board of health may deny the
prayer of said petition, or, if the committee shall find that such inmate is
insane, idiotic, imbecile, feeble-minded or epileptic, and by the laws of
heredity is or would be the probable potential parent of socially, inade-
quate offspring likewise afflicted, that such inmate may be sexually steri-
lized without detriment to his or her general health; and that the welfare
of such inmate and of society will be promoted by such sterilization, it may
by order authorize such superintendent to have performed, or cause to be
performed by some competent physician or surgeon named in such order,
upon such inmate, after not less than thirty (30) days from the date of
such order, such suitable and safe operation as medical science may have
devised to render such patient or inmate sterile.

(2) Appeal. — From any such order so entered by the executive committee
of the state board of health, any party or parties, interested therein shall
have the right of appeal to the circuit court in the same form and manner
as is now provided by law for appeals from inferior courts to the circuit
courts, and the right of appeal shall be preserved to the Supreme Court in
the same form and manner as appeals are now had from the circuit court
of this State to the Supreme Court, and such notice of appeal shall act as
a stay of further proceeding pursuant to terms of said order until such
appeal, or appeals, have been finally disposed of.

(3) Perform operation if ordered — exceptions. — Whenever any such or-
der shall be made as herein provided by the executive committee of the
state board of health, or such circuit court, or the Supreme Court of this
State, authorizing such superintendent to perform, or cause to be per-
formed by some competent physician or surgeon named therein, such op-
eration hereinbefore mentioned, such superintendent, upon the expiration
of any stay of proceedings under any such order, shall be authorized to
perform or cause to be performed by the physician or surgeon named in
such order, such operation pursuant to such order, unless in the meantime,
some physical or mental disability of such patient or inmate shall indicate
the advisability of postponing or abandoning such operation.

Page 185 Boards of Health and Health Provisions § 5011

(4) Liability of participants. — Neither any superintendent nor other per-
son legally participating in the execution of the provisions of this section
shall be liable either civilly or criminally on account of such participa-
tions.

(5) Operation. — Nothing in this section shall be construed to authorize
the operation of castration nor the removal of sound organs from the
body; but this provision shall not be construed so as to prevent the medi-
cal or surgical treatment for sound therapeutic reasons of any person in
this State, by a physician or surgeon licensed by this State, in such a way
as may incidentally involved the nullification or destruction of the repro-
ductive functions.

(6) Pay of guardian ad litem. — Any guardian ad litem appointed by the
executive committee of the state board of health or by a circuit court pur-
suant to this section to defend the rights and interest of any inmate of any
state institution named herein in proceedings hereunder shall be paid by
such institutions for his services such fees, not exceeding ten ($10.00) dol-
lars, as may be allowed by the executive committee of the state board of
health, or by the circuit court in case of appeal.

(7) Inmate or representative designate physician perform operation. —
Nothing herein contained shall prevent such inmate or his or her family,
or committee or guardian from employing any duly licensed physician to
perform such operation, provided, the fee of such surgeon so employed is
paid by such inmate, or his or her family, guardian or committee pursuant
to such employment.

1935 (39) 428; 1937 (40) 161.

§ 5010. State health officer appointment — bond — oath — term — salary. —

The Governor shall, upon the recommendation of the executive committee
of the state board of health, appoint a state health officer, who shall be a
graduate of a regular reputable medical college and a physician, skilled in
hygienic and sanitary science; he shall qualify by giving an official bond
in the usual form, in the penalty of two thousand dollars, conditioned for
the faithful discharge of his duties, to be approved and filed as the bonds
of other state officers, and shall take an oath of office and the usual con-
stitutional oaths required of a state officer; he shall hold office at the pleas-
ure of the executive committee of the state board of health and until his
successor is elected and qualified; he shall receive an annual salary of
twenty-five hundred dollars, and his necessary traveling expenses, one
thousand dollars, if so much be necessary, payable quarterly, out of the
contingent fund appropriated to prevent the spread of contagious and in-
fectious diseases, on the warrant of the comptroller general, on accounts
approved by the state board of health; he shall hold his office in the city of
Columbia, furnished him by the State.

1932 Code, § 5053; Civ. C. '22, § 2361; Civ. C. '12, § 1613; 1908 (25) 997.

§ 5011. Duties and powers — health and peace officers assist. — The state
health officer shall be the secretary and executive officer of the state board
of health, and shall have power to administer oaths and take depositions
in the line of duties; and when directed by the executive committee of the
state board of health, or by the chairman, when the board is not in session,
he shall investigate the reported causes of communicable or epidemic dis-

§ 5011 Civil Code Page 186

ease, and shall enforce or prescribe such preventive measures as may be
needed to suppress or prevent the spread of said diseases, by proper quar-
antine or other measures of prevention, as may be necessary to protect
the citizens of the State. The state health officer shall have power, and it
shall be his duty, to declare, when the facts justify it, any place to be in-
fected, and in case of hydrophobia or other diseases transmitted from ani-
mals to man, he shall declare such animal or animals to be quarantined,
and shall place all such restrictions upon ingress and egress of persons or
animals therefrom as may be, in his judgment, necessary to prevent the
spread of disease from the infected locality. All sheriffs or constables in
the several counties of this State, and police officers and health officers of
cities and towns, shall aid and assist the state health officer, and shall
carry out or obey his orders, or those from the state board of health, to en-
force and carry out any and all restrictive measures and quarantine regu-
lations that may be prescribed; and the said state health officer shall make
immediate report of his acting and doing to the state board of health, or
its chairman, when the board is not in session.

1932 Code, § 5054; Civ. C. '22, § 2362; Civ. C. '12, § 1614; 1908 (25) 998.

§ 5012. Powers of stale board as to railway and navigation companies. —
The state board of health, or its chairman, when the board is not in ses-
sion, shall have power, by its actions or through its health officer, to im-
pose upon all railway and navigation companies, vessels or cars, such re-
strictions and regulations as to inspections, quarantine or sanitary rules as,
in their judgment, may be necessary to protect the health of the people of
the State, and which are not in conflict with acts of Congress already
passed or that may hereafter be ordained in that regard.

1932 Code, § 5055; Civ. C. '22. § 2363; Civ. C. '12, § 1615; 1908 (25) 998.

§ 5013. Health officer advise municipal authorities. — It shall be the duty
of the state health officer, when it is deemed necessary by the municipal
officers of any town or city, or the county board of commissioners of any
county, to visit cities, towns, villages or localities where disease is preva-
lent or threatened, and to investigate and to advise with the local authori-
ties or persons as to such measures as may tend to prevent the spread of
disease, or to remove or abate causes that may tend, cause or intensify
diseases, and to advise, when practicable or possible, as to measures of
sanitation or hygiene, and to investigate and advise as to all matters as to
food or water supply, sewerage or drainage, or as to ventilation or heating
or lighting, or other measures connected with public sanitation or safety:
provided, nothing herein contained shall be construed to conflict with the
present law providing for periodical examination of city water supplies.
1932 Code, § 5056; Civ. C. '22, § 2364; Civ. C. '12, § 1617: 1908 (25) 998.

§ 5014. Health officer secretary of state board — duties. — The state health
officer shall be secretary of the executive committee of the state board of
health; he shall be the custodian of books, papers, instruments or ap-
pliances belonging to the state board of health, or that may be entrusted
to his care. He shall summon the board to meetings, and shall attend all
meetings of the board, and discharge the duties appertaining to the office
of secretary.

1932 Code, § 5057; Civ. C. '22, § 2365; Civ. C. '12, § 1617; 1908 (25) 998.

Page 187 Boards of Health and Health Provisions § 5016

§ 5015. Boards of health in cities and towns — appointment — term. — It shall
be the duty of the mayor or intendant of every incorporated city, town or
village in the State of South Carolina to appoint, by and with the consent
of the city or town council of every such city, town or village, five persons,
not members of such council, in cities or towns of five thousand or less
population, and in cities exceeding five thousand in population the num-
ber may be increased to twenty, as the city may determine, one or more
of whom shall be reputable physicians of not less than two years' standing
in the practice of his profession. The mayor or intendant of said city or
town shall designate one-fifth of the members of the board to serve one
year, one-fifth to serve for two years, one-fifth to serve for three years,
one-fifth to serve for four years, and one-fifth to serve for five years, and
thereafter one-fifth of the number of said board shall be appointed an-
nually to serve for five years. The members shall serve without compensa-
tion; and in case any one of these, after accepting and being duly ap-
pointed, shall refuse to qualify and serve on the board, he shall be subject
to a fine of twenty-five dollars, to be imposed and collected by the town
council: provided, however, that in all cases of vacancies on said board
occurring from any cause at any time said vacancies shall be filled in the
manner hereinbefore prescribed by appointment for the unexpired term,
or terms, as aforesaid: provided, further, that in the city of Greenville the
board of health shall consist of seven, and in the city of Orangeburg the
board of health shall consist of three members, one of whom shall be a
reputable physician of not less than two years' standing in the practice of
his profession, and that the chairman of the board of health shall receive
such compensation annually as shall be fixed by the city council of Orange-
burg, not exceeding two hundred dollars per annum: provided, further,
that the town council of the town of Newberry is hereby authorized and
empowered to pay the chairman of the board of health in the said town a
salary of one hundred and fifty dollars per annum, to be paid out of the
funds not otherwise appropriated.

1932 Code, § 5026; Civ. C. '22, § 2336; Civ. C. '12, § 1591; Civ. C. '02, § 1097; 1897
(22) 456; 1912 (27) 1076; 1915 (29) 139; 1918 (30) 693.

For powers of board of health see notes town except as provided in the Code,

to section 5017. Darling v. Brunson, 94 S. C. 207, 77 S.

This section contemplates a body not E. 860, L. R. A. 1917A, 234, Ann. Cas. 15A.

amenable to regulations by the city or 527.

§ 5016. Oath — organization — salary — bond — fees. — The members of the
board shall severally take the oath prescribed for town and city officers,
and shall annually organize by the selection of one of their number as
president. They shall elect a secretary, who shall keep the minutes of their
proceedings and perform such other duties as' may be prescribed by the
board, and a health officer, who shall execute the orders of the board and
for that purpose shall have and exercise the powers and authority of a
policeman of the town or city. The secretary and health officer shall re-
ceive such salary as may be fixed by the board, ratified by council, and
shall hold their offices at the pleasure of the board. They shall severally
give bond to the town or city in such sums as may be fixed by ordinance
for the faithful discharge of their duties, and shall also take and subscribe
the oath required by members of the board. All fees which shall be col-
lected or received by the board or any officer thereof, in his official ca-

§ 5016 Civil Code Page 188

pacity, shall be paid over into the town or city treasury monthly, together
with all penalties which shall be recovered for the violation of any regu-
lation of the board. The president and secretary shall have full power to
administer oaths or affirmations in any proceedings or investigations touch-
ing the regulations of the board, but shall not be entitled to receive any
fee therefor.

1932 Code, § 5027; Civ. C. '22, § 2337; Civ. C. '12, § 1592; Civ. C. '02, § 1098; 1894
(21) 818; 1906 (25) 988.

This section, providing for the election or remove such secretary, or to question

by the board of health of a secretary to such election or removal. Darling v.

hold office at the pleasure of the board, Brunson, 94 S. C. 207, 77 S. E. 860, L. R.

does not permit the city council to elect A. 1917A, 234, Ann. Cas. 15A, 527.

§ 5017. Rules and regulations — hospitals. — The said board of health shall
have power and it shall be their duty to make and enforce all needful
rules and regulations to prevent the introduction and spread of infectious
or contagious diseases by the regulations of intercourse with infected
places, by the arrest, separation and treatment of infected persons and
persons who shall have been exposed to any contagious or infectious dis-
eases, and by abating and removing all nuisances which they shall deem
prejudicial to the public health, to enforce vaccination, to mark infected
houses or places, to prescribe rules for the construction and maintenance of
house drains, waste pipes, soil pipes and cesspools, and make all such other
regulations as they shall deem necessary for the preservation of the public
health. They shall also have power, with the consent of the town or city
council, in the case of the prevalence of any contagious or infectious dis-
ease within the town or city, to establish one or more hospitals and to
make provisions and regulations for the management of the same.

1932 Code, § 5028; Civ. C. '22, § 2338; Civ. C. '12, § 1593; Civ. C. '02, § 1099; 1894
(21) 818.

This section is not unconstitutional as Power to impose remuneralory charge

a delegation of legislative powers con- upon citizens of town for service ren-

ferred on the General Assembly. Kirk dered or privileges granted is reasonably

v. Wyman, 83 S. C. 372, 65 S. E. 387, 23 inferable from mandatory constitutional

L. R. A. (N. S.) 1188, Ann. Cas. 15B, 1215, provision requiring creation of boards

8 A. L. R. 837, 14 A. L. R. 306, 24 A. L. of health and from statutes fulfilling such

R. 799. requirement. Town of Marion v. Bax-

Board is not amenable to regulation ley, 192 S. C. 112, 5 S. E. (2d) 573.

by ciiy council. — Under this section and Reasonableness of sanitary tax. — A

8 5029 (3), the board of health is empow- regulation requiring heads of families

ered and is required to make and enforce maintaining a sanitary closet or privj

such needful rules and regulations as are to pay annual "sanitary tax" of $3, and

necessary for the preservation of public keepers of boarding, lodging or rooming

health; and a city council has no juris- house to pay "sanitary tax" of $6, is

diction to nullify an order requiring the within power of board of health, and

closing of dairies within the city. Alston not invalid as discriminatory, oppres J

v. Ball, 93 S. C. 553, 77 S. E. 727. sive, or unreasonable. Ibid.

§ 5018. Physicians — appointment — salary — duties. — The board may in
such cases appoint as many ward or district physicians and other sanitary
agents as they may deem necessary, whose salaries shall be fixed by the
town or city council before their appointment. It shall be the duty of all
physicians practicing within the town or city to report to the secretary of
said board of health the names and residences of all persons coming under
their professional care afflicted with such contagious or infectious dis-
eases, in the manner directed by said board.

Page 189 Boards of Health and Health Provisions § 5021

1932 Code, § 5029; Civ. C. '22, § 2339; Civ. C. '12, § 1594; Civ. C. '02, § 1100; 1894
(21) 818.

This section, authorizing the board of to create such boards, prohibit a city or-

health to select a health inspector with- dinance placing such inspectors under

out restrictions on such right, and Const, civil service rules. Murphy v. Cooper,

art. 8, § 10. giving the Legislature power 149 S. C. 449, 147 S. E. 438.

§ 5019. Powers of board.— The said board of health shall have power, as a
body or committee, as well as the health officer, together with his subor-
dinates, assistants and workmen, under and by order of said board, to en-
ter at any time upon any premises in the town or city upon which there
is suspected to be any contagious or infectious diseases or nuisance detri-
mental to the public health, for the purpose of examining and abating the
same; and all written orders for the removal of nuisances issued to the
said health officer by order of said board, attested by the secretary, shall
be executed by him and his subordinates and workmen: provided, the
person or persons refusing to remove such nuisance, and the cost and ex-
penses thereof, shall be recoverable from the owner or owners of the
premises from which the nuisance shall be removed or from any person
causing or maintaining the same, in the same manner as debts of like
amounts are now collected by law.

1932 Code, § 5030; Civ. C. '22, § 2340; Civ. C. '12. § 1595: Civ. C. '02, § 1101; 1894
(21) 818.

§ 5020. Inspections of court house, jails, etc. — duty of physician attending
prisoners. — The said board of health shall have the power, and it shall be
their duty, to visit and inspect every month the court house and various
offices therein contained, the jail and other prisons located in their respec-
tive cities and towns, in regard to the purity of the water supply, the
lighting and ventilation and heating of the various offices of the court
house and the cells and other rooms occupied by prisoners in the jails;
they shall inquire into the effiiciency of drainage and plumbing of these
public buildings, the disposition of garbage and refuse, the closet accom-
modations, into the condition of the soil pipes, waste pipes and cesspools,
and shall recommend to the county authorities the removal of all nui-
sances on the premises on which said buildings are located which might
prove detrimental to the public health; they shall report the number of
prisoners, their diet and treatment, the disease and number of cases of
sickness which has occurred among the prisoners during the three pre-
vious months. And it shall be the duty of every physician who attends in
sickness any prisoner in jail to report immediately to the secretary of the
board of health the name, sex, age, race and disease of said prisoner.

1932 Code, § 5031; Civ. C. '22, § 2341; Civ. C. '12, § 1597; Civ. C. '02. § 1103; 1894
(21) 818.

§ 5021. Inspection of schools, etc. — water supply, etc. — schools closed dur-
ing epidemic. — It shall be the duty of the board of health as a body, or by
committee, with the health officer, to make quarterly visits and inspec-
tions to all schools, seminaries or colleges (while in session) which are
supported in part or entirely by public taxation, and examine and report
on the sanitary condition of the same, the abatement and removal of gar-
bage, refuse matter and nuisances which may prove prejudicial to the
health of the pupils. They shall inquire into the purity of the water sup-

§ 5021 Civil Code Page 190

ply, the condition and efficient working of the drains, waste pipes, soil
pipes and cesspools, the ventilation, lighting of the dormitories, lecture
and study rooms of the buildings and the appliances in use for fire escapes.
In case of the epidemic prevalence of contagions or infections, and in or-
der to prevent the spread of the same, the board of health, by and with
the consent of the city or town council, may order the schools, seminaries
or colleges, in such town or city, partially or entirely supported by public
taxation, closed until such times as they may deem it safe to re-open them.
The board of health shall have the right to declare any epidemic or cause
of ill health so injurious as to make it necessary to close any or all of the
private schools in the limits of such city or town. Whatever sanitary con-
ditions or evils shall be found by the board of health to exist in or around
the public colleges, schools, etc., shall be reported by the secretary of the
board of health to the trustees of the same, who shall take immediate
steps to remedy the sanitary defects according to the rules and regulations
prescribed by the board of health.

1932 Code, § 5032; Civ. C. '22, § 2342; Civ. C. '12, § 1598; Civ. C. '02, § 1104; R. S.
964; 1883 (18) 793; 1894 (21) 818.

§ 5022. Meetings of board — force and effect of rules, etc. — penalties. — The

board shall meet at least once a month for the transaction of business, and
shall make and cause to. be published all necessary rules and regulations
for carrying into effect the powers and functions with which they are
hereby invested, which rules and regulations, when approved by the town
or city council, and when advertised in the same manner as other ordi-
nances, shall have the force of ordinances of the town or city; and all
penalties for the violation thereof as well as expenses necessarily incurred
in carrying into effect the same, shall be recoverable for the use of the town
or city in the same manner as penalties for the violation of the town or city
ordinances, subject to the like limitations as to the amount thereof. Pro-
vided, further, that in the city of Rock Hill the board of health shall con-
sist of not more than five members, one of whom shall be a practicing phy-
sician of not less than two years standing in the practice of his profession.
The city council of said city shall, after the terms of the present members
expire, appoint one-fifth of the members annually on the first Tuesday in
June of each year, to serve for a period of five (5) years. The members of
said board shall serve without compensation. The said members shall take
the oaths prescribed for city officers, and shall organize by the election
from among said board a president. The said board shall elect the city
physician, a secretary who shall keep the minutes of their proceedings
and perform such other duties as may be prescribed by the said board; a
health officer and a dairy inspector, who shall for the proper performance
of their duties have and exercise the powers and authority of a police-
man of said city. The said city physician, health officer and dairy inspector
shall receive such salaries as may be fixed by the said board, and shall
hold office at the pleasure of the board, the same to be paid from city
funds. The said board of health shall have the power to make all needful
rules and regulations for the promotion of the best sanitary conditions in
the city of Rock Hill, and to enforce the same by such penalties as are
proper within the limit prescribed to the city council for the enforcement
of city ordinances, and for this purpose shall have all the powers, func-
tions and privileges, and be subject to all of the duties, responsibilities and

Page 191 Boards of Health and Health Provisions § 5024

liabilities provided in an act entitled, 'An Act to Establish Local Boards of
Health in the Cities and Incorporated Towns of the State, and to Define
the Powers Thereof, approved January 5, 1895. The board shall meet at
least once a month for the transaction of business, and shall make out and
cause to be published all necessary rules and regulations for carrying into
effect the powers, and functions of which they are invested by law, which
rules and regulations, when approved by the city council and when ad-
vertised in the same manner as other ordinances, shall have the force of
ordinances of said city; and all penalties for the violation thereof, as well
as expenses necessarily incurred in carrying into effect the same, shall be
recovered for the use of the city council in the same manner as penalties
for the violation of city ordinances, subject to the like limitations as to
the amount thereof.

1932 Code. § 5036; Civ. C. '22, § 2346; Civ. C. '12, § 1602; Civ. C. '02, § 1105; 1894
(21) 818; 1935 (39) 5.

A regulation of town board of health, same means as any other ordinance,

when approved by town council, became Town of Marion v. Baxley, 192 S. C.

effective as an ordinance of the town, 112, 5 S. E. (2d) 573.
and its provisions were enforceable by

§ 5023. Estimate of expenses — report — communications with state board.

— It shall be the duty of the board of health to submit annually to the
council, before the commencement of the fiscal year, an estimate of the
probable receipts and expenditures of the board during the ensuing year,
and the council shall then proceed to make such appropriation thereto as
they shall deem necessary; and the said board shall, in the month of Octo-
ber of each year, submit a report in writing to the council of its operations
for the preceding year, with the necessary statistics thereof, together with
such information and suggestions relative to the sanitary condition and re-
quirements of the town or city, as it may deem proper, and the council
shall publish the same in its official journal. It shall be the duty of the
board to communicate to the state board of health at least annually, in the
month of October, notice of its organization and membership, and copies
of all its reports and publications, together with such sanitary information
as may from time to time be required by said state board. Nothing in §§
5015 thru 5023 shall apply to the board of health as now organized in the
city of Charleston.

1932 Code, §§ 5037, 5038; Civ. C. '22, §§ 2347, 2348; Civ. C. '12. §§ 1603, 1604; Civ. C.
'02, §§ 1106, 1107; 1894 (21) 818.

§ 5024. Duties of boards. — It shall be the duty of all existing boards of
health, and also of all that may hereafter be appointed under the provi-
sions of this article, to aid the municipal authorities in the enforcement of
all state laws as to the adulteration of all kinds of food and drink, and to
prevent the sale or exposure for sale of any kind of meat, or vegetables,
or fruits, or other articles of food that are unwholesome or unfit for food;
and also to define and declare what shall be nuisances to health in lots,
streets, docks, ponds, wharves, piers, vessels and all public or private places
in such city or town, or in any part thereof; and to prevent the spread of
dangerous epidemic or contagious diseases in such city or town, or in any
part thereof; and also to maintain and enforce a proper quarantine when-
ever this may be deemed expedient or necessary by the state board of
health and approved by the Governor; and to regulate and control the

§ 5024 Civil Code Page 192

keeping or slaughter of all kinds of cattle, sheep, goats and swine or other
animals in any city or town or any part thereof; and to regulate and pro-
hibit the accumulating of offal and all decaying or injurious vegetables or
other substances in any place in such city or town, public or private; and
to prohibit and remove any nuisance or offensive matter in any public
highway, road, street or other place, public or private, in such city or town,
and to cause the removal of the same at the expense of the owner thereof
if he decline to remove it after notice to that effect; and to regulate and con-
trol, or prohibit, the cleansing of sewers and the dumping of garbage, or
using of any noxious or unsuitable material for filling town lots, marshes,
ponds and other places, and to provide for filling of sunken or low lots and
other places in any part of said city or town. Sub-boards constituted as
provided in section 5000 and local boards of health are charged with the
duty of investigating within their districts all matters of sanitary interest
or scientific importance bearing in any wise upon the protection of the
public health, and shall report to the executive committee at such times
and in such manner and form as the executive committee may prescribe.
1932 Code, § 5039; Civ. C. '22, § 2349; Civ. C. "12, § 1605; Civ. C. '02, § 1108; R. S.
961; 1883 (18) 292, § 3; 1892 (21) 20.

Courts have jurisdiction only over to the discretion of such body, which

constitutionality of board's action. — This discretion cannot be controlled by the

section, by express act of the Legisla- courts, unless the exercise of the power

ture, grants to the municipal board the violates some constitutional provision,

power to regulate all matters concern- Darlington v. Ward, 48 S. C. 570, 26 S.

ing public health; and the power havin? E. 906.
been granted, the exercise of it is left

§ 5025. Powers as to removal or abatement of nuisance, etc. — Whenever
such nuisance, source of foulness or cause of sickness hazardous to public
health shall be found on private property, the board of health of the city
or town, within whose limits it may be, shall at once notify the municipal
authorities, who shall require the owner to remove and abate the same at
his own expense within such time as the board may deem the public
health to require, a duplicate of the notification being left with one or more
of the tenants or occupants. If the owner or agent is unknown, resides out
of the State, or cannot be reached with the notice speedily enough for the
necessities of the public health, a notice left at the house or premises with
the tenant or occupant, or published in a newspaper printed in the county,
and if there is no such newspaper, posted on the door of the court house
or postofnce, shall suffice; and if the owner thus notified shall not comply
with such notification or order within the time specified the municipal
authorities shall proceed to remove such nuisance, source of foulness or
cause of sickness hazardous to public health, and shall have a right to re-
cover the expenses incurred in such removal from any person or persons
who shall have caused or allowed the same, or from any occupant or ten-
ant of premises, or (in case it affect the freehold) , from the owner, who,
after notice, as aforesaid, shall have failed to remove such nuisance, source
of foulness or cause of sickness hazardous to the public health within the
time specified in such notice. Nothing herein contained shall be held to bar
an action for damages by such owner, occupant or tenant for unlawful
proceedings in the premises.

1932 Code, § 5040; Civ. C. '22, § 2350; Civ. C. '12, § 1606; Civ. C. '02, § 1109; R. S.
962; 1883 (18) 292, § 4.

Page 193 Boards of Health and Health Provisions § 5028

§ 5026. Annual and other reports to executive committee — what to con-
tain, etc. — All local boards of health are required to report to the executive
committee of the state board of health annually, or oftener if so required,
all marriages, births, and deaths occurring in their respective jurisdic-
tions; and, when notified, shall report upon all diseases or supposed causes
prejudicial to public health therein, and the measures employed to check
or abate the same; also, upon such other subjects as are usually under
control of boards of health. They are also charged with the duty of inves-
tigating, within their districts, all matters of sanitary interest or scien-
tific importance bearing in any wise upon the protection of the public
health, and shall report thereon to the executive committee at such times
and in such manner and form as the committee may prescribe.

1932 Code, § 5048; Civ. C. '22, § 2356; Civ. C. '12, § 1608; Civ. C. '02, § 1111; G. S.
916; R. S. 966; 1883 (18) 294, § 7.

§ 5027. Municipal corporations maintain boards of health. — Each incorpo-
rated village, town and city of this State shall have and maintain a board
of health, under the direction and control, also, of the state board of health.
1932 Code, § 5005; Civ. C. '22, § 2316; Civ. C. '12, § 1575; 1905 (24) 903.

§ 5027-1. Duties of local boards of health as to quarantine. — All local
boards of health shall forthwith quarantine such contagious diseases as
smallpox, diphtheria and scarlet fever, as soon as the knowledge of the oc-
currence of such disease comes or is brought to their attention; they shall
cause to be placed notices at the entrance of the premises where the dis-
ease may be located, stating the disease and that the building infected is
quarantined. The quarantine shall remain in force until the attending phy-
sician shall certify that the danger of the contagion is passed or removed;
that no person shall enter or depart from the premises so quarantined dur-
ing its quarantine, except attending physicians, without a special permit
from the board of health.

1932 Code, § 5006; Civ. C. '22, § 2317; Civ. C. '12, § 1576; 1905 (24) 903.

§ 5028. Duty of attending physician. — When infectious diseases, such as
enumerated in section 5027-1, occur outside of incorporated towns, the
attending physician shall quarantine the premises whereon the same oc-
curs, give the notices, and assume the duties of the board of health in the
premises, and he shall report the same to the nearest board of health; and
that, in the case of such quarantine of a country house by the attending
physician, no one except himself shall enter or depart the premises with-
out the permit of the attending physician.

1932 Code, § 5007; Civ. C. '22, § 2318; Civ. C. '12, § 1577; 1905 (24) 903.

§ 5028-1. Local boards of health — quarantine. — Any person violating the
provisions of section 5027 shall, upon conviction, be deemed guilty of a
misdemeanor, and shall be fined not exceeding one hundred dollars, or
imprisonment not exceeding thirty days; and each member of the council
of any village, town or city neglecting or refusing to establish and main-
tain a local board of health shall be deemed to violate this section and,
upon conviction, shall be subject to the foregoing penalties.
1932 Code, § 1501; Cr. C. '22, § 449; Cr. C. '12, § 439; 1905 (24) 903.

§ 5029 Civil Code Page 194

§ 5029. Boards of health in unincorporated towns not less than 100.

(1) State board of health appoint. — The executive committee of the state
board of health shall have power, and it shall be their duty, to appoint
local boards of health in all unincorporated towns and villages, where the
population of any of said towns and villages is not less than one hundred
inhabitants, which local boards shall consist of seven members, one of
whom shall be a regularly licensed practicing physician, one the nearest
magistrate, and five laymen: provided, however, that no such board of
health shall be appointed until one-fourth of the qualified electors of such
unincorporated towns and villages shall have, in writing, asked for the
appointment thereof. Provided, further, however, that in the City View
water and sewer district in Greenville County, the commission of and for
said district shall, upon and after resolution duly adopted by said commis-
sion, appoint a local board of health for said district, which local board
shall consist of seven members, one of whom shall be a regularly licensed
practicing physician, and each of whom shall hold office at the will of said
commission. The said local board of health, for said district, when so ap-
pointed, shall perform all the duties, and have all the powers of local
boards of health appointed under this section and as may be conferred
upon local boards of health by all other applicable sections under general
laws pertaining to local boards of health, and in addition to such powers
is hereby authorized to pass, adopt and promulgate rules and regulations
requiring owners of property in said district to connect with the water
and /or sewer systems where they are reasonably available and such con-
nection is in the discretion of the board necessary to protect the public
health and/or security of the district.

(2) Organization. — The members of said local boards shall, immediately
after their appointment, organize by the selection of one of their number
as president. They shall select a secretary, who shall keep the minutes of
their proceedings, and perform such other duties as may be prescribed by
the board, and for the purpose of executing and the enforcement of any of
the orders or rules by said boards, the said magistrates shall be invested
with power and authority equal to that of a police officer in municipalities.

(3) Powers and duties. — The said local boards of health shall have power,
and it shall be their duty, to make and enforce all needful rules and regu-
lations to prevent the introduction and spread of infectious or contagious
diseases by the regulation of intercourse with infectious places, by the ar-
rest, separation and treatment of infected persons, and persons who shall
have been exposed to any contagious or infectious disease, and by abat-
ing and removing all nuisances which they shall deem prejudicial to the
public health, to enforce vaccination, to mark infected houses or places, to
prescribe rules for the construction and maintenance of house drains,
waste pipes, soil pipes and cesspools, and make all such other regulations
as they shall deem necessary for the preservation of the public health.
They shall also have power, in case of the prevalence of any contagious or
infectious disease within any of the said towns or villages, to establish one
or more hospitals and quarantine stations, and to make provisions and
regulations for the management of the same.

(4) Penalties applicable. — All penalties which attach by law to boards of
health of incorporated cities and towns and to persons violating the rules
and regulations thereof, are hereby made applicable to boards of health

Page 195 Boards of Health and Health Provisions § 5031

organized under subsections 2 and 3 hereof, and to persons violating the
rules and regulations thereof: provided, however, that all the expenses in-
curred by the provisions of subsections 2 and 3 hereof, shall be borne by
the communities incurring such expenses. Provided, further, however,
that all rules and regulations adopted and promulgated by the local board
of health of and for the City View water and sewer district of Greenville
County, made by and in pursuance of this article and as may be needful or
necessary for the preservation and promotion of the public health, sanita-
tion and, or security of said district, after being published once a week for
three weeks in a newspaper of said county, shall have the force and effect
of law, and any person, who shall after notice violate, disobey, refuse, omit
or neglect to comply with any rule or regulation so adopted and promul-
gated by said local board of health shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not exceeding the sum of one hun-
dred dollars, or be imprisoned not exceeding thirty days.

1932 Code, §§ 5049 thru 5052; Civ. C. '22, §§ 2357 thru 2360; Civ. C. '12, §§ 1609
thru 1612; 1906 (25) 125; 1935 (39) 342, 375.

§ 5030. Powers of local boards of health outside of incorporated towns. —

All local boards of health in the several counties in the State outside of
incorporated towns and cities, are hereby invested with the same powers
and duties that are now imposed by law upon local boards of health in in-
corporated cities, towns and villages in the State of South Carolina: pro-
vided, that nothing herein contained shall be construed as giving to local
boards outside of incorporated towns and cities the right to enforce com-
pulsory vaccination.

1932 Code, § 5016; Civ. C. '22, § 2327; Civ. C. '12, § 1586; Civ. C. '02, § 1092; 1901
(23) 733.

§ 5031. Physicians and local boards report cases of contagious or infec-
tious diseases. — In all cases of known or suspected contagious or infectious
diseases occurring within any incorporated city or town of this State, it
shall be the duty of the attending physician to report such disease to the
secretary of the board of health of each city or town within twenty-four
hours, stating the name and address of the patient, and the nature of the
disease. It shall be the duty of the secretary of each local board of health
to report to the secretary of the state board of health all such cases of in-
fectious and contagious diseases as have been reported to him during the
preceding months, such reports to be made upon blanks furnished by the
state board of health, and not later than the fifth day of each month. It
shall be the duty of the attending physician in all cases of known or sus-
pected contagious or infectious diseases outside of incorporated cities and
towns, to report such cases to the secretary of the state board of health
within twenty-four hours after they have come under his observation,
said reports to be made upon blanks furnished by the state board of health.
The state board of health is hereby authorized to name the diseases it
considers contagious and infectious. Any physician or secretary of a local
board of health, failing to comply with the provisions of this section, shall
be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in
a sum not less than five dollars nor more than twenty-five dollars, or be
imprisoned in the county jail for a period not exceeding thirty days.

1932 Code, §§ 1502, 5008; Civ. C. '22, § 2319; Cr. C. '22, § 450; Civ. C. '12, § 1578;
Cr. C. '12, § 440; 1900 (23) 444; 1910 (26) 728.

§ 5032 Civil Code Page 196

§ 5032. School authorities prevent spread of contagious or infectious dis-
eases. — Any board of education, school trustees, or any other body having
control of any of the schools, may, on account of the prevalence of any
contagious or infectious diseases, or to prevent the spread of any such
disease, prohibit the attendance of any teacher or scholar upon any school
under their control, and may specify the time such teacher or scholar shall
remain absent, or they shall require a satisfactory certificate from one or
more reputable practicing physicians that such attendance is no longer
attended with risk to others attending school, and may also prohibit the
entrance into or attendance at any school of all unvaccinated persons who
have not had the smallpox. The said board of control or trustees may also
require vaccination of any or all teachers, scholars and attendants if a case
of smallpox has occurred in the city or town.

1932 Code, § 5043; Civ. C. '22, § 2351; Civ. C. '12, § 1607; Civ. C. '02, § 1110; R. S.
965; 1883 (18) 292, § 6.

See § 5041.

§ 5033. Persons with infectious diseases prohibited from teaching in pub-
lic schools. — All persons in this State teaching school and infected with tu-
berculosis or other infectious diseases are hereby prohibited from teaching
in the public schools of this State.

1932 Code, § 5044; Civ. C. '22, § 2352; 1920 (31) 941.

§ 5034. School teachers secure health certificates. — Any person applying
for the position of school teacher in any of the public schools of this State
is hereby required as a prerequisite to his or her employment as such
teacher to first secure a health certificate from a county physician, or any
other reputable physician, certifying that said person has not an open or
active infectious stage of tuberculosis or any other contagious disease.
1932 Code, § 5045; Civ. C. '22, § 2353; 1920 (31) 941.

§ 5035. Form of certificate. — The physician shall make the aforesaid cer-
tificate on form supplied by the South Carolina state board of health,
whose duty it shall be to provide said forms of certificate upon request of
the applicant or applicants under the provisions of §§ 5033 thru 5036.
1932 Code, § 5046; Civ. C. '22, § 2354; 1920 (31) 941.

§ 5036. Penalties violate §§ 5044. 5045, and 5046. Any person failing to
comply with the provisions of sections 5033 thru 5036 or in any manner vio-
lating same, shall be guilty of a misdemeanor, and shall be subject to a
fine of not more than fifty ($50.00) dollars, or not more than thirty (30)
days' imprisonment.

1932 Code, § 5047; Civ. C. '22, § 2355; Cr. C. '22, § 445; 1920 (31) 941.

§ 5037. Municipalities pass ordinances for vaccination. — The city or town
council of every incorporated city or town in this State may provide by
ordinance for the vaccination and re-vaccination with fresh bovine virus,
under the direction of the health authorities of said cities or towns, or of
some competent physician appointed for that purpose, of all the citizens
and residents of such cities and towns, excepting such persons as obtained
the certificate of a reputable physician that vaccination would be danger-
ous to health. Such ordinances shall establish the periods of time, satis-
factory to the state board of health, within which vaccination and re-vac-

Page 197 Boards of Health and Health Provisions § 5039

cination shall be required; shall provide for vaccination and re-vaccina-
tion of indigent and pauper individuals at the expense of the city or town;
and shall establish and provide penalties by quarantine and otherwise of
such persons as are convicted of neglect or refusal to obey the provisions
of such ordinances.

1932 Code, §§ 5009, 7360; Civ. C. '22, §§ 2320, 4492; Civ. C. '12, §§ 1579, 3058; 1905
(24) 869, 871.

§ 5038. Slate board have general supervision. — The state board of health
shall have general direction and supervision of vaccination and re-vac-
cination in all cities and towns, and shall, in case of threatened epidemic
of smallpox in any community, and of insufficient ordinances therein, re-
quest the passage of the city or town council of a new ordinance, framed
in accordance with the provisions of section 5037. The state board of health
shall have full and absolute control in matters of vaccination and re-vac-
cination of all persons within this State, who do not reside within the
limits or jurisdiction of any incorporated city or town, and shall promul-
gate rules and regulations which shall have the force and effect of law for
vaccination and re-vaccination of such persons under the supervision and
direction of agents appointed by the said board, and which shall contain
provisions similar to those of section 5037, applying to ordinances, but
such requirements may be modified by the state board of health in case of
sparsely-settled communities so as only to apply during apprehended dan-
ger of an epidemic of smallpox; and the necessary expenses of such vac-
cination or re-vaccination shall be paid by the county commissioners of
the county within which the persons treated reside, and a bill or certifi-
cate of the services performed endorsed and approved by the state board
of health shall be prima facie evidence of the existence and value of such
services. The state board of health shall at all times keep in stock a supply
of fresh bovine virus and supply the same to cities, towns and individuals
without cost; that the charge for each vaccination under this section shall
not exceed ten cents.

1932 Code, §§ 5010, 7361; Civ. C. '22, §§ 2321, 4493; Civ. C. '12, §§ 1580, 3059; 1905
(24) 869, 871.

Liability of county for person vacci- cents per capita txtra for each person

naied. — County is only liable for ten vaccinated by them or their assistants as

cents per capita for all persons vacci- provided in rules of state board of ealth.

nated by county agents and assistants, Mathias v. Lexington County, 79 S. C.

and agents cannot collect of county five 402, 60 S. E. 970.

§ 5039. State board pass rules on neglect of municipalities. — If the city or
town council of any incorporated city or town shall neglect or refuse to
pass an ordinance in accordance with the provisions of section 5037, it shall
be the duty of the state board of health to promulgate rules and regula-
tions for the vaccination of the citizens and residents of such incorporated
city or town, which rules and regulations shall have the force of an ordi-
nance, and the state board of health shall have the power, and it is hereby
made its duty, to enforce obedience to such rules and regulations by the
promulgation and enforcement of proper quarantine regulations whenever
the said board shall deem it necessary for the preservation of the public
health from possible danger of a threatened epidemic of smallpox, at the
cost and expense of such incorporated city or town. In case such incorpo-
rated city or town shall refuse or neglect to reimburse the state board of

§ 5039 Civil Code Page 198

health for all of the costs, charges and expenses incurred under this sec-
tion, including the costs of any necessary quarantine, then the state board
of health is hereby empowered to collect the same by suit in any court of
the State having jurisdiction, from such incorporated city or town, and a
statement of such costs and expenses by the state board of health shall be
prima facie evidence of the amount of said costs and expenses.

1932 Code, §S 5011. 7362; Civ. C. '22, §§ 2322, 4494; Civ. C. '12, §§ 1581, 3060; 1905
(24) 869, 871.

§ 5040. School pupils to be vaccinated. — No superintendent of any institu-
tion of learning, and no school board, or principal of any school in this
State, shall admit as a pupil any child or person who cannot produce sat-
isfactory evidence of having been vaccinated so often as the ordinance of
the city or town in which the school is located, or if not located within the
city or town, so often as the rules and regulations of the state board of
health may direct.

1932 Code, §§ 5012, 7363; Civ. C. '22, §§ 2323, 4495; Civ. C. '12, §§ 1582, 3061; 1905
(24) 869, 871.

§ 5041. Parents, etc., to see that children are vaccinated. — It is hereby
made the duty of every parent, guardian, or other person, charged with the
care of or responsibility for any child, to see that such child is vaccinated
so often as may be directed by ordinance of the incorporated city or town
in which such child resides, or if not a resident of an incorporated city or
town, so often as the rules and regulations of the state board of health may
direct.

1932 Code, §§ 5013, 7364; Civ. C. '22, §§ 2324, 4496; Civ. C. '12, §§ 1583, 3062; 1905
(24) 869, 871.

See § 5032.

§ 5042. Violation of compulsory vaccination law a misdemeanor. — Any of-
ficer or person who shall fail, neglect or refuse to comply with any provi-
sions of sections 5027 thru 5042 applicable to such officer or person, shall
be guilty of a misdemeanor, on conviction thereof in a court of competent
jurisdiction, shall be fined in the sum of one hundred dollars, or be im-
prisoned for thirty days.

1932 Code, § 1503; Cr. C. '22, § 451; Cr. C. '12, § 441; 1905 (24) 871.

§ 5043. Report infants with diseased eyes. — Should one or both eyes of an
infant become reddened or inflamed at any time after birth, it shall be the
duty of the midwife or nurse or person having charge of said infant to
report the condition of the eyes at once to the local board of health of the
city or town in which the parents of the infant reside. Any failure to com-
ply with the provisions of this section shall be punishable by a fine not to
exceed twenty-five dollars, or imprisonment not to exceed one month, or
both. This section shall not apply to towns or cities of less than one thou-
sand inhabitants.

1932 Code, § 1489; Cr. C. '22, § 433; Cr. C. '12, § 443; Cr. C. '02, § 331; 1896 (22) 225.

§ 5043-1. Instill in eyes of baby within one hour after birth prophylactic
prevent blindness. — Every doctor, midwife, nurse, or other person attend-
ing the delivery at birth of a child in the State of South Carolina is required
to instill, or have instilled, into the eyes of the baby, within one hour after

Page 199 Boards of Health and Health Provisions § 5044-4

birth, a one (1 % ) per cent solution of silver nitrate, or some equally ef-
fective prophylactic, approved by the state department of public health,
for prevention of blindness from ophthalmia neonatorum. A record of such
administration or installation shall be reported on the birth certificate,
showing the time with respect to the birth and the kind of prophylactic
administered.
1939 (41) 159.

§ 5044. Venereal diseases contagious. — Syphilis, gonorrhea and chancroid,
hereinafter designated as venereal diseases, are hereby declared to be con-
tagious, infectious, communicable and dangerous to the public health. It
shall be unlawful for anyone infected with these diseases, or any of them,
to expose another to infection.

1932 Code, § 1493; Cr. C. '22, § 438; 1919 (31) 30.

§ 5044-1. Report cases. — Any physician or other person who makes a diag-
nosis in or treats a case of venereal disease, and any superintendent or
manager of a hospital, dispensary or charitable or penal institution in
which there is a case of venereal disease, shall make a report of such case
to the health authorities according to such form and manner as the state
board of health shall direct: provided, that nothing herein contained shall
be so construed as to require or allow any physician or other person herein
required to make such report to divulge the name or names of any person or
persons, male or female, who may be afflicted with such diseases.
1932 Code, § 1494; Cr. C. '22, § 439;" 1919 (31) 30.

§ 5044-2. Examination — treatment — isolation. — State, county and munici-
pal health officers, or their respective jurisdictions, are hereby directed
and empowered, when in their judgment it is necessary to protect the pub-
lic health, to make examination of persons being or suspected of being in-
fected with venereal disease, to require persons infected with venereal
diseases to report for treatment until cured or to submit to treatment pro-
vided at public expense, and to isolate persons infected or reasonably sus-
pected of being infected with venereal diseases.
1932 Code, § 1495; Cr. C. '22, § 440; 1919 (31) 30.

§ 5044-3. Examination of prisoners. — All persons who shall be confined or
imprisond in any state, county or city prison of this State may be exam-
ined and treated for venereal disease by the health authorities or their
deputies. The state, county and municipal boards of health shall have au-
thority to take over such portion of any state, county or city prison as may
be necessary for a board of health hospital, wherein all persons who shall
have been confined or imprisoned and who are suffering with venereal
disease at the time of the expiration of their terms of imprisonment shall
be isolated and treated at public expense until cured, or in lieu of such
isolation such person may, in the discretion of the board of health, be re-
quired to report for treatment to a licensed physician or submit to treat-
ment provided at public expense as provided in the preceding section.
1932 Code, § 1496; Cr. C. '22, § 441; 1919 (31) 30.

§ 5044-4. State board make rules. — The state board of health is hereby em-
powered and directed to make such rules and regulations as shall in its

§ 5044-4 Civil Code Page 200

judgment be necessary for the carrying out of the purposes of sections
5044 thru 5044-5, including rules and regulations providing for such labor
on the part of isolated persons as may be necessary to provide in whole or
in part for their subsistence, and to safeguard their general health, and
such rules and regulations concerning venereal diseases as it may from
time to time deem advisable. All such rules and regulations so made shall
be of force and binding upon all county and municipal health officers and
other persons affected by said section.

1932 Code, § 1497; Cr. C. '22, § 442; 1919 (31) 30.

Rules and regulations of the South Carolina state board of health for the preven-
tion of the spread of venereal diseases — -see Rules and Regulations of the state board
of health under § 5002.

§ 5044-5. Penalties violate venereal disease statute (§§ 5044 to 5044-5) —
treatment of persons convicied — inspectors and coordinators. — Any person
who shall violate any of the provisions of sections 5044 to 5044-5 or any
lawful rule or regulation made by the state board of health pursuant to
the authority therein granted, or pursuant to the authority granted by any
other statute law, or shall fail or refuse to obey any lawful order issued
by any state, county or municipal health officer, pursuant to the authority
granted in this section, or any other law or the regulations prescribed there-
under, shall be guilty of a misdemeanor, and, upon conviction thereof by
any court of competent jurisdiction, shall be fined not more than $20.00, or
be imprisoned for not more than 20 days, provided, however, that anj r per-
son suffering from any of the venereal diseases described in section 5044
shall not be discharged from confinement unless they be pronounced cured
of said disease by some state, county or municipal health officer, or upon
the recommendation of the state board of health. If any such person be
released prior to a complete cure having been effected of the venereal
disease of which they are suffering, the state board of health shall direct
such individual as to whom to report for further treatments and their
failure to so report at such stated intervals as directed shall, in each in-
stance, constitute a violation of the provisions of §§ 5044 thru 5044-5 and
subject them, upon conviction thereof, to both the fine and the imprison-
ment hereinabove set forth. Provided further, that, in order to coordinate
the efforts of the various state, county and municipal health authorities
and make more uniform the treatment, care and apprehension of persons
violating provisions of §§ 5044 thru 5044-5, the Governor is authorized to
appoint ten inspectors and coordinators who will serve under the state
board of health in any section of the State that may be directed to op-
erate by the state board of health, and their duties shall be to contribute
in any way possible towards the enforcement of the provisions of §§ 5044
thru 5044-5, as amended, and they are hereby vested with the authority
ordinarily invested in state police officers.

1932 Code, § 1498; Cr. C. '22, § 443; 1919 (31) 30; 1941 (42) 97.

§ 5045. Accommodations for prisoners with tuberculosis.

(1) Separate cells or rooms. — The county supervisors and county com-
missioners of the respective counties of South Carolina shall provide in
the jails or places of confinement where prisoners are committed for keep-
ing or sentenced to a term of imprisonment, separate cells or rooms or

Page 201 Boards of Health and Health Provisions § 5046

places in which shall be confined all prisoners who may be committed for
keeping or sentenced to a term of imprisonment who are affected with
tuberculosis.

(2) Examination of prisoners by physician. — It shall be the duty of the
county supervisor or sheriff of any county, when a prisoner or inmate is
placed in his custody, who the said official has reason to suspect is suffer-
ing with tuberculosis, to have such prisoner or inmate examined by a phy-
sician, and if such prisoner or inmate shall be pronounced by the exam-
ining physician as a tuberculosis person, then the prisoner or inmate shall
be placed in a cell or place provided for by this section.

(3) Superintendents and boards of directors to provide separate places of
confinement. — It shall be the duty of superintendents and boards of direc-
tors of all state, penal and charitable institutions, to provide separate
places of confinement for all prisoners and inmates who have been pro-
nounced by the physician in charge as a tuberculosis person.

(4) Cells of tuberculosis prisoners not to be used for other prisoners —
fumigation. — All cells and places of confinement provided for in this sec-
tion for tuberculosis prisoners and inmates, shall under no conditions be
used for the imprisonment or keeping of persons who are well and not af-
fected with tuberculosis, unless the said cells and places of confinement
have been thoroughly fumigated and disinfected.

(5) Examination of prisoners within five days. — It shall be the duty of
the jailer, keeper or warden of all places of confinement designated in this
section, to have all prisoners and inmates who are suspected to be suffer-
ing with tuberculosis, examined within five days after they have been
committed.

(6) Association of prisoners on public works not prohibited. — Nothing in
this section shall be construed as to interfere with or prevent the county
authorities from working or housing together all prisoners on public
works as now provided by law.

(7) Punishment for violation. — Any person or persons violating the pro-
visions of this section shall be guilty of a misdemeanor, and shall, upon
conviction thereof, be fined or imprisoned in the discretion of the court.

1932 Code, § 1499; Cr. C. '22, § 444; 1915 (29) 196.

§ 5046. Transportation of dead bodies of contagious or infectious disease. —

The transportation of bodies dead of any dangerous, contagious or infec-
tious disease is absolutely forbidden, into, through or out of the State, or
any city or town within the same, except on compliance with such rules
and regulations as shall be made and ordained by the state board of health.
And for the purpose of enforcing this section, the said board is hereby em-
powered and required by its executive committee to make and declare
rules and regulations declaring what diseases shall be regarded as danger-
ous, contagious or infectious, and to classify the same, designating such as
are of so dangerous a character that transportation of the dead is abso-
lutely forbidden, and prescribing such regulations as the said board may
deem proper for the transportation of the dead from other causes. The said
rules and regulations as may be adopted by the said board be submitted
to the Governor for his approval, and be published in at least three daily
papers of this State, and be advertised and disseminated by such other
methods as to the board may seem expedient, and such rules and regula-

§ 5046 Civil Code Page 202

tions shall go into effect on the approval of the Governor.

1932 Code, § 5024: Civ. C. '22, § 2334; Civ. C. '12, § 1588; Civ. C. '02, § 1094; 1900
(23) 408.

§ 5046-1. Burying or burning of all dead animals and poultry required. —

Whenever any animal or poultry shall die from any natural or other
cause, except from being slaughtered or killed for the use of man, or the
dead body thereof be found upon the premises of any person, be he the
owner or tenant thereof, the owner or owners of such dead animals and
poultry, or the owner or owners or tenants on lands or premises upon
which such dead bodies may be found, shall immediately burn or bury, or
cause to be burned or buried, such dead animals and poultry, and when
buried if an animal it shall be put not less than three feet, and when poul-
try not less than one foot, under the ground. The owner or owners of such
dead animals or poultry who knowing that such dead animal or poultry is
lying dead upon his own premises, or a tenant on premises having such
knowledge or having notice thereof, refuses or fails to bury or burn such
dead animals or poultry as aforesaid, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be fined in a sum of not less than five
dollars nor more than ten dollars, or be imprisoned for a period of not
more than thirty days.

1932 Code, § 1492; Cr. C. '22, §§ 434, 437; Cr. C. '12, § 444; Cr. C. '02, § 332; 1900
(22) 447; 1912 (27) 704.

§ 5047. Analysis required of public and certain other water supplies. —

Every person, corporation, commission, municipality or company conduct-
ing or operating a public water supply serving municipalities, districts,
communities, or a quasi-public water supply serving institutions, col-
leges, hospitals, factories or a business of bottling water to be sold or used
for drinking, beverage or medicinal purposes, shall have made at least
once every three months, at its own expenses by a chemist and bacteriol-
ogist, to be approved by the state board of health, a chemical and bac-
terial analysis, and that no charge shall be rendered for additional analysis
other than the quarterly analysis above required, to be approved by the
state board of health, of a sample of its water drawn from a faucet used
for drinking purposes, packed and shipped in accordance with the instruc-
tions to be furnished by the secretary of the state board of health, and the
result of such examination shall be verified by the chemist and bacterial-
ogist making the same, and published at least once in a newspaper pub-
lished in the town or city using said water, within ten days after receipt
thereof.

1932 Code, § 5033; Civ. C. '22, § 2343; Civ. C. '12, § 1599; 1907 (25) 536; 1917 (30)
39; 1922 (32) 921.

§ 5048. Fee for bacteriological examination. — For carrying out the provi-
sions of §§ 5047 thru 5049-1, the state board of health is authorized and
empowered to have the bacteriological examination made as hereinbefore
provided for and to charge for the same the sum of five ($5.00) dollars for
each examination.

1932 Code, § 5034; Civ. C. '22, § 2344; Civ. C. '12, § 1600; 1907 (25) 536.

§ 5049. State board inspect water sheds and examine public water supplies.
— As a check and as a guarantee of the, faithful performance of the re-

Page 203 Bards of Health and Health Provisions § 5050

quirements laid down in §§ 5047 thru 5049-1 the state board of health shall
make or have made by its authorized agents such inspections of the water-
sheds and such chemical and bacteriological examinations of the public
water supplies of the State as may be deemed necessary to insure their
purity. Should such inspections or examinations show condition or condi-
tions dangerous to the public health, the secretary of the state board of
health shall notify the mayor, the municipal health officer and the super-
intendent or manager of the waterworks at fault, and demand the imme-
diate removal of said dangerous condition or conditions. If at the end of
thirty days after the service of said notice and demand, the said danger-
ous condition or conditions shall have not been removed to the extent that
due diligence could accomplish such removal, the said secretary shall have
printed in one or more of the local newspapers a plain statement of the
facts for the information and protection of the citizens using the water:
provided, that nothing herein contained shall be construed to prohibit any
municipality from imposing such additional tests and requirements as they
may deem necessary, and the decision of the municipal authorities shall be
supreme.

1932 Code, § 5035; Civ. C. '22, § 2345; Civ. C. 12, § 1601; 1907 (25) 536.

§ 5049-1. Penalties violate §§ 5047 thru 5049-1. — Every water company, its
managing officers and directors, and the mayor and aldermen of every
city and town, who shall neglect or fail to comply with and carry out the
provisions of sections 5047 thru 5049-1, shall be guilty of a misdemeanor,
and punished by a fine of not exceeding one hundred dollars, or by im-
prisonment not exceeding thirty days for each and every offense.

1932 Code, § 1448; Cr. C. '22, § 396; Cr. C. '12, § 404; 1907 (25) 536; 1931 (37) 254;
1933 (38) 87.

§ 5050. Privies.

(1) "Privy" defined. — The term "privy" as used in this section shall be
understood to include any and all buildings which are not connected with
a system of sewerage or with septic tanks of such construction and main-
tenance as approved by the South Carolina state board of health, and
which are used for affording privacy in acts of urination or defecation.

(2) Requirements for residences. — No person shall maintain or use a resi-
dence, located within three hundred yards of another residence, that is not
provided with sewerage, or with septic tanks approved by the South Caro-
lina state board of health, or by any person or persons employed by the
owner, shall be maintenance with the requirements of this section: pro-
vided, however, that nothing in this section shall curtail the right of a mu-
nicipality to require and enforce immediate sewer connection.

(3) Privies within 300 yards of residences regulated. — Every privy lo-
cated within three hundred yards of the residence or house of any person,
whether occupied by the owner or tenant or by any person or persons em-
ployd by the owner, shall be maintained in a sanitary manner and in ac-
cordance with rules and regulations to be prescribed by the South Carolina
state board of health and posted in a suitable form inside of the privy by an
officer of the said board.

(4) Persons responsible for condition of privies. — The head of a family
or household, the proprietor of a boarding house, hotel, restaurant or
store, the principal or superintendent of a school, the agent or station-

§ 5050 Civil Code Page 204

master of a railroad station or depot, or the person in charge of an office
building, establishment or institution, shall be responsible for the sanitary
maintenance of such privy or privies as may be used by his or her house-
hold, guests, customers, pupils, passengers, occupants, employees, workers
or other persons.

(5) Powers of state board of health. — The South Carolina state board of
health, through its officers and inspectors, shall exercise such supervision
over the sanitary construction and maintenance of privies as may be nec-
essary to enforce the provisions of this section.

(6) Duties of inspectors. — If an officer or an inspector of the South Caro-
lina state board of health shall find a privy located within three hundred
yards of the residence of a person which is not constructed in accordance
with the provisions of this section, he shall securely fasten on the said
privy a notice reading, "Unsanitary, unlawful to use"; and if the inspec-
tor or officer of the aforesaid board shall find, in the course of his inspec-
tion, a privy not being maintained in a sanitary manner and in accordance
with the rules and regulations of the South Carolina state board of health
for the maintenance of privies, he shall securely fasten on the privy a no-
tice reading, "Unsanitary, unlawful to use."

(7) Removal of notice prohibited. — No person shall remove or deface an
official notice fastened on or in a privy by an officer of the South Carolina
state board of health.

(8) Violation a misdemeanor — penalties. — Any person who violates any
of the aforesaid provisions of this section, and any person who is respon-
sible for the sanitary maintenance of a privy and who permits such privy,
after an official notice reading, "Unsanitary, unlawful to use," has been
fastened on it, to be used, shall be guilty of a misdemeanor and fined not
less than five dollars nor more than fifty dollars, or imprisoned not ex-
ceeding thirty days.

(9) Powers of inspector — interference a misdemeanor.— The members of
the executive staff of the South Carolina state board of health, and such
additional state sanitary inspectors as shall be appointed for the enforce-
ment of this section, are hereby authorized and empowered to enter upon
any premises and into any buildings or institutions for the purposes of in-
spection as provided for or required by state laws or regulations of the
South Carolina state board of health pursuant to the said laws, but the
privacy of no person shall be violated. Any persons who wilfully inter-
fere with or obstruct the officers of the South Carolina state board of health
in the discharge of any of the aforementioned duties shall be guilty of a
misdemeanor and subject to a fine of not less than one hundred dollars
nor more than one thousand dollars, or imprisonment at the discretion of
the court.

(10) Provisions applicable to all privies on watershed of water supplies —
"watershed" defined. — The provisions of this section shall apply to all resi-
dences, institutions, and establishments, and all privies, without regard to
their distance from the home of persons which are located on the watershed
of a public surface water supply. For the purpose of this section the term
"watershed" shall include the entire watershed of all streams, creeks and
rivers that have a daily average flow of less than ten million gallons,
but for watersheds of streams, creeks or rivers that have a daily average
flow of more than ten million gallons, the watershed shall include only

Page 205 Boards of Health and Health Provisions § 5051

such drainage areas as lie within fifteen miles of the waterworks intake.

(11) Not applicable to farm homes more than one mile from municipali-
ties. — This section shall not apply to the residence of farmers and the homes
of their tenants that are located more than one mile from the corporate
limits of a town or city or the geographic center of a village.

(12) Designation of inspectors — health units. — The state board of health
shall designate as its agents local health inspectors of incorporated towns
or cities for the enforcement of the terms of this section, and the rules and
regulations issued pursuant thereto, within one (1) mile outside the cor-
porate limits of such town or city; and it shall be the duty of such local
health inspectors to enforce such rules and regulations as may be issued
by said state board of health under the terms of this section. In counties
having health units it shall be the duty of such health units to enforce the
rules and regulations of said state board of health in the territory of such
counties lying beyond the distance of one (1) mile from the corporate
limits of towns or cities having local health inspectors.

(13) Provisions as to state board of health cumulative. — The duties im-
posed upon and the authority granted by this section to the state board of
health shall be in addition to the powers and duties heretofore imposed
upon and required of said state board of health.

1932 Code, § 5041; 1928 (35) 1310.

§ 5051. Sanitary closets in mill villages.

(1) State board of health may require sewerage systems. — To protect the
public health persons, firms or corporations engaged in manufacturing in
this State and owning or renting or leasing to their operatives houses and
tenements, are herby required to furnish to the operatives occupying such
houses and tenements sanitary closets within or adjacent to each of such
houses: provided, sewerage systems shall be installed by said manufactur-
ing plants when in the judgment of the state board of health such are nec-
essary to protect the public health: provided, further, the installation of
sewerage systems is feasible as an engineering proposition and can be in-
stalled without unreasonable cost to the manufacturing enterprise.

(2) Powers of state board of health. — The construction and location of
the sanitary or sewerage system and the method of keeping the same in a
sanitary condition as herein required shall be under the supervision and
control of the state board of health; and the state board of health is hereby
empowered and required to make rules and regulations for the location,
construction and method of keeping, cleansing and rendering sanitary such
sanitary or sewerage systems and maintaining the same as may be neces-
sary.

(3) Sanitary survey. — Sanitary engineers of the state board of health shall
make a sanitary survey upon complaint from any person aggrieved occu-
pying any house in such congested center and writing to the manufacturers
the construction, alteration or maintenance in sanitary methods necessary.

(4) Condemnation proceedings. — If, in the judgment of the state board of
health, it is necessary to condemn land for the purpose of establishing and
maintaining a sanitary or sewerage system, the state board of health shall
institute condemnation proceedings as now provided by law, the expenses
thereof and the judgment therein to be borne and satisfied by the manu-
facturers whose sanitary condition renders the condemnation necessary.

§ 5051 Civil Code Page 206

(5) Maintenance. — Said sanitary closets or sewerage system shall be
maintained in sanitary condition and changed from time to time when nec-
essary to protect the public health.

(6) Penalties violate rules or orders of state board of health. — Any per-
son, persons, firm or corporation, or the occupant of any house, refusing or
neglecting to carry into effect or obey the rules and regulations as estab-
lished by the state board of health, or any orders issued by said board of
health as provided in this section, shall, upon conviction, be fined in a sum
not exceeding five thousand ($5,000.00) dollars or not less than five hun-
dred ($500.00) dollars: provided, the attorney general, on the petition of
the state board of health, or any person aggrieved, shall prosecute any ac-
tion or proceeding necessary to carry into effect the provisions hereof.

1932 Code, § 5042; 1928 (35) 1265.

§ 5052. Textile manufacturers to install sewerage systems. — In order to
protect the public health, all persons, firms or corporations engaged in
textile manufacturing in this State and owning or renting or leasing to
their operatives houses and tenements are hereby required to furnish to
the operatives occupying such houses and tenements sewerage closets ad-
jacent to the houses. Each textile manufacturing plant shall install a sew-
erage system in its plant as set forth in this section: provided, the provi-
sions of this section shall apply only to such textile plants as shall be lo-
cated on a creek, river, pond or other body of water sufficient to receive
the sewerage from the mill and homes in the village of such plants with-
out menace to health, and only when the drainage and soil leading to such
waters make it practical to afford sewer connections with such waters, and
only to such textile communities as now have sewer connections from
homes in the village with such waters: provided, further, the installation
of such sewerage systems is feasible as an engineering proposition and can
be installed without unreasonable cost to the manufacturing enterprise;
and provided, further, unless such body of water is in or borders on such
textile community such plant shall not be required to install sewer lines
unless the main line is sufficient to take care of the conditions. The con-
struction and location of the sewerage system and the method of keeping
the same in a sanitary condition, as heretofore set forth, shall be under the
supervision and control of the state board of health; and the state board of
health is hereby empowered to make rules and regulations for the loca-
tion, construction and method of keeping, cleansing and rendering sani-
tary such sewerage system as may be necessary. Sanitary engineers of the
state board of health are to make a sanitary survey upon complaint, and
submit in writing to mill management the construction or alteration in
sanitary methods necessary. If it is necessary to condemn land for the pur-
pose of establishing a sewerage system, the said textile manufacturing
plant shall institute condemnation proceedings as now provided by law.
The said textile establishments are hereby required on or before January
1st, 1930, to begin installing sewer system and shall complete their several
sewer systems as herein required within two years after the passage of
this section: provided, that the state board of health may in cases where
they deem it necessary extend the time for a period not longer than
one year. Any person, persons, firm or corporation, or the occupant of any
house, refusing or neglecting to carry into effect or obey the rules and

Page 207 Boards of Health and Health Provisions § 5053

regulations as established by the state board of health, or any orders is-
sued by same as provided by this section, shall, upon conviction be fined in
a sum not exceeding one hundred dollars, or not less than twenty-five dol-
lars, and that each day of such violation shall constitute a separate offense.
1932 Code, § 1467; 1929 (36) 283.

§ 5052-1. Property owners provide their premises with suitable garbage
containers in certain cities of 2,700 to 3.500. — Where the owner or owners of
lots or other real property located within the corporate limits of a city or
town with a population of between two thousand seven hundred (2,700)
and three thousand five hundred (3,500) according to the last United
States government official census, refused to provide said premises with a
suitable garbage container of a type approved by the health department
of the said city, whether the said premises be occupied by the owners
thereof or by tenants, the owner of said property shall be given written
notice to provide said premises with a suitable garbage container and if
he or they fail to do so within one week after such notice then the said city
authorities shall have the right to place upon the said premises a suitable
garbage container, and the actual cost thereof shall be assessed against
the said property and become a lien thereon and collected at the time of
collecting taxes and in the same manner as now provided by law for col-
lecting of taxes. Provided, the provisions of this section shall not apply to
the city of Cheraw. Provided, the provisions of this section shall not apply
to the county of Chesterfield. Provided, the provisions of this section shall
not apply to the counties of Abbeville and Marion. Provided, the provisions
of this section shall not apply to towns and cities in York and Chester
counties within limits mentioned in the same. Provided, all towns in Fair-
field County within the limits of population named in the section shall be
exempted. Provided, however, that Florence County shall be exempted
from the provisions of this said section. The provisions of this section shall
not apply to such towns and cities in Lee County. The provisions of this
section shall not apply to such towns and cities in Horry County. Provided,
nothing herein contained shall apply to Spartanburg County. Provided,
however, that Anderson County is hereby exempt from the provisions of
this section. Provided, the provisions of this section shall not apply to An-
derson and Greenwood Counties. Provided, the provisions of this section
shall not apply to Cherokee, Greenville and Orangeburg Counties. Pro-
vided, Pickens and Kershaw Counties shall be exempted from the provi-
sions of this section. Provided, the provisions of the section shall not apply
to Charleston, Lexington and Darlington Counties. Provided, the provi-
sions of this section shall not apply to towns in Dillon County. Provided,
the provisions of this section shall not apply to Cherokee, Chester, Lexing-
ton, Lee, Newberry, Fairfield, Laurens, Orangeburg, Bamberg, Colleton,
Clarendon, York, Aiken and Pickens Counties.
1941 (42) 242.

§ 5053. Provide adequate sewerage, running water, streets and roads be-
fore selling lots in real estate developments in counties with city over 70,000.
(1) Provide sewerage and running water. — In all counties containing a
city of over 70,000 population according to the officials United States cen-
sus, it shall be unlawful for any person, firm or corporation to sell, offer for

§ 5053 Civil Code Page 208

sale, agree to sell, or otherwise dispose of any lots or other portions of any
real estate development in any such county, unless and until such person,
firm or corporation shall have secured from the county health officer of the
county in which the property lies, and has filed with the clerk of court of
said county, the certificate of such health officer to the effect that adequate
sewerage has been provided in and for such real estate development, and
that adequate arrangements have been made for the purpose of furnishing
running water to the property in such real estate development to insure
reasonable and adequate health and sanitary conditions therein.

(2) Provide adequate streets and roads. — In all counties containing a city
of over 70,000 population, according to the officials United States census, it
shall be unlawful for any person, firm or corporation to sell, offer for sale,
agree to sell, or otherwise dispose of any lots or other portions of any real
estate development in any such county, unless and until such person, firm
or corporation shall have secured from the sanitary and drainage commis-
sion or the county board of commissioners of the county in which the
property lies, a certificate to the effect that adequate roads and streets
have been provided in such real estate development to afford access to
properties therein, in accordance with the representations made in or in-
cluded in the prospectus or proposed contract or deed upon the basis of
which the lot or lots in such development are offered for sale.

(3) Penalties. — Each violation of any of the provisions of this section shall
be a misdemeanor, and upon conviction the person, firm or corporation so
convicted shall be fined not less than twenty-five ($25.00) dollars nor more
than one hundred ($100.00) dollars nor imprisoned not less than ten (10)
days nor more than thirty (30) days.

(4) Intent — effect on sales. — It is the intent of this section to require the
vendors of the type of real estate herein referred to comply with the re-
striction of this section but the validity of a sale of such real estate shall
not be impaired by the vendor's failure to so comply, and the provisions
of this section shall not attach to any person, firm or corporation other
than the person, firm or corporation who shall first lay out the sub-division.

1936 (39) 1482; 1941 (42) 63.

§ 5055-1. Anderson County board of health.

(1) Authorized. — Anderson County, South Carolina, shall have and main-
tain a county board of health, under the direction and control of the state
board of health, as now provided by law, for the direction and control of
local boards of health in incorporated cities, towns and villages.

(2) Appointment. — The said county board of health shall be composed of
a member of the county teachers' association, duly elected and appointed
by the said county teachers' association; a member of the county council
of farm women; duly elected and appointed by the said county council of
farm women; a member of the county tuberculosis association duly elected
and appointed by the said county tuberculosis association; three (3) mem-
bers of the county medical society, duly appointed and elected by the
county medical society; one licensed dentist of Anderson County duly ap-
pointed by the licensed dentists of Anderson County; a bona fide resident
of the county duly elected and appointed by the county delegation to the
General Assembly; a bona fide resident of the county duly elected and ap-
pointed by the state board of health. That immediately upon their elec-

Page 209 Boards of Health and Health Provisions § 5055-1

tion their names shall be certified to the state board of health.

(3) Term — appoinimeni. — The members of the county board of health,
functioning as such, are to serve for a term of one year and until their suc-
cessors have been elected and qualified. Provided, that if for any reason
the members of the said county board of health are not appointed, it shall
be the duty of the state board of health to forthwith appoint such duly
qualified residents of the county, to serve on the said county board of
health as may be necessary.

(4) Duties and powers. — The county board of health is hereby vested with
all the rights, powers, duties, privileges and responsibilities that are now
imposed by law upon local boards of health in incorporate cities, towns
and villages.

(5) Employees. — All personnel that may be employed in the county health
unit shall be recommended by the Anderson County board of health and
approved by the state board of health.

(6) Jurisdiction. — The said county board of health is hereby empowered
with jurisdiction over all that area lying in the county beyond the incor-
porate limits of cities, towns and villages. Provided, further, that if the
duly constituted authorities of any incorporate city, town and village, de-
sire to relinquish their own rights, duties, powers and privileges as pro-
vided by law, they shall have the right to do so, and forthwith shall be-
come within and under the jurisdiction and authority of the said county
board of health.

(7) Appropriate necessary funds — disbursement. — The necessary appro-
priation be provided by members of the General Assembly to carry out
the provisions of this section for the county board of health and county
health department, and that the said moneys so appropriated shall remain
in the custody of the county authorities to be paid out upon properly pre-
pared vouchers of the county health department. Said vouchers having
been approved for payment by the county board of health.

(8) Secretary — services county health departments and district health de-
partments render. — The director of the county health department shall be
secretary of the county board of health; he shall be the custodian of books,
papers, instruments or appliances belonging to said board of health or that
may be intrusted to his care; he shall summon the board to meetings and
shall attend all meetings of the board unless otherwise ordered, and shall
discharge the duties appertaining to the office of secretary.

The county health departments and district health departments carry-
ing on their duties shall be expected and directed to render the following
services: The control of contagious diseases, by locating and isolating
cases, quarantining those exposed and inducing strict bedside precautions,
and by giving all forms of biologicals which have been recognized as pre-
ventive by the state board of health; provided, that the same shall only be
given to the indigent with the consent of the family physician, or in the
event of threatened epidemics or as directed by the state board of health
examination of school and pre-school children; the inspection of all food
manufacturing and vending establishments, school houses and other pub-
lic buildings; infant and maternity welfare work and all approved forms
of modern sanitation, especially of the rural homes; and such other ac-
tivities as may be directed by the state board of health.

1936 (39) 1621.

§ 5055-3 Civil Code Page 210

§ 5055-3. File vital statistics reports with county health department, Berke-
ley County. — All persons now by law required to file vital statistics reports
in the office of the clerk of court in Berkeley County, shall file the same in-
stead with the Berkeley County health department, which department
shall keep and preserve the same as a public record as now required of
said clerk of court. The Berkeley County health department is hereby au-
thorized and directed to issue copies of said reports to any person request-
ing same, and to use an impression seal.
1939 (41) 100.

§ 5055-7. County health board of Charleston County.

(1) Appointment — terms — vacancy. — There shall be a county health board
of Charleston County, which shall consist of seven (7) members, six (6)
of whom shall be appointed by a majority of the Charleston County legis-
lative delegation, and one (1) of whom shall be appointed by the city
council of Charleston. They shall be commissioned by the Governor and
shall hold office for the terms herein provided.

Of the six (6) appointed by the Charleston County legislative delega-
tion, at least one (1) shall be a resident of that section of the county lying
east of the Cooper River, at least one (1) shall be a resident of that sec-
tion of the county lying north of the city of Charleston between the Cooper
River and the Ashley River, and at least one (1) shall be a resident of that
section of the county lying west of the Ashley River.

The present members of the county health board of Charleston County
shall constitute the first board hereunder, and shall hold office until the
expiration of their present terms.

At the expiration of each of the terms herein provided for, a successor
shall be named in the manner of the original appointment, whose term
shall be for five (5) years from the date of the expiration of the term of
his predecessor. In the event of any vacancy on the board caused by death,
resignation or inability to serve, a successor shall be named in like manner
for the balance of the unexpired term.

(2) County health officer. — The county health board shall employ a county
health officer for Charleston County, who shall serve in such capacity so
long as his services are satisfactory, and who shall be subject to removal
for cause by the health board at any time. No person shall be appointed to
fill this office unless he shall be a graduate of a reputable medical college
and otherwise qualified through training to carry on public health work.

(3) Employees. — The county health officer may employ, subject to the
approval of the Charleston County board of health, such personnel as may
be necessary to suitably supervise and maintain satisfactory health condi-
tions in Charleston County. All, or any, of these employees may be dis-
charged by the county health officer for cause, subject to the approval of
the Charleston County board of health. The salaries of all employees shall
be fixed by the Charleston County board of health.

A merit system shall be instituted by the Charleston County board of
health by which all appointments and promotions in the personnel of the
health department shall be governed.

(4) Jurisdiction of county health officer or his agents — penalties hinder.
— The county health officer, under his direction, the personnel of the
health department, shall have jurisdiction in the entire county of Charles-

Page 211 Boards of Health and Health Provisions § 5055-9

ton and any sub-division thereof. They shall be charged with the duties of
enforcing all health or sanitary laws of the State, and regulations of the
state board of health, and all health and sanitary laws and ordinances of
the city and county of Charleston.

The health officer, or his agents, shall have the authority and full power
at all reasonable hours, to enter upon and inspect any property within the
county of Charleston or any sub-division thereof.

It shall be unlawful for any person to hinder or interfere with any repre-
sentative or agent of the Charleston county health department in the dis-
charge of his duties. Any violation of this provision shall constitute a mis-
demeanor and, upon conviction, shall be subject to a penalty of not more
than one hundred ($100.00) dollars fine or thirty (30) days imprisonment.

(5) Rules and regulations — penalties. — The county health board is here-
by empowered to make reasonable rules and regulations for the promo-
tion of health and the prevention of disease within Charleston County. Any
person violating any rule or regulation of the said board, after he or she
shall have been notified thereof in writing by the board, or any of its au-
thorized agents, shall be guilty of a misdemeanor and, upon conviction,
shall be imprisoned for not less than three (3) days or more than ten (10)
days, or pay a fine of not less than five ($5.00) dollars or more than twenty-
five ($25.00) dollars. Each day that any such regulation is not obeyed, after
one notice of the violation thereof, shall constitute a separate offense. No-
tice by registered mail shall be sufficient notice. The penalty herein pro-
vided shall be in addition to other penalties or remedies provided by law.

(6) Cooperate with certain institutions — cases and communicable dis-
eases — lunatics. — The county health board shall cooperate with and assist
the various hospitals, health and charitable institutions in Charleston
County, to which an appropriation is given by Charleston County. It shall
have full power and authority to direct the disposition of cases and com-
municable diseases, and may recommend the commitment of persons found
to be lunatics to the state asylum in Columbia.

(7) Physicians report communicable diseases. — Any physician attending
any patient in the county of Charleston who has a communicable disease
shall, within twenty-four (24) hours after diagnosing such disease, re-
port to the county health officer the name and residence of such person
and nature of the disease.

(8) Appropriations — expenditure — accounting. — Funds appropriated from
Charleston County for the Charleston County health department shall be
expended under the direction of the Charleston County board of health,
for the various activities of the health department, and accounted for by
the health officer on vouchers to the Charleston County bureau of welfare.

(9) Bureau of vital statistics' fees — expenditure. — Bureau of vital sta-
tistics' fees shall be set up as a special reserve fund which shall be cumu-
lative from year to year. The expenditure of this fund shall be under the
direction of the board of health and shall be limited to use for (1) health
department needs in emergencies; (2) equipment for improving the effi-
ciency of the health department, not obtainable through ordinary budgetary
means.

1940 (41) 1777.

§ 5055-9. Cherokee County board of health.

§ 5055-9 Civil Code Page 212

(1) Crealed. — The county of Cherokee shall have and maintain a county
board of health, under the direction and control of the state board of
health, as now provided by law for the direction and control of local
boards of health in incorporated cities, towns and villages.

The said board of health shall be composed of the county superintend-
ent of education, president of the county federation of women's clubs, or a
member of said county federated clubs duly elected, or appointed, and a
bona fide resident of the county of Cherokee appointed by members of
the General Assembly from said county.

The members of this county board of health functioning as such, are to
serve for a term of one (1) year and until their successors have been
elected and qualified: provided, however, that if for any reason the said
county board of health is not duly appointed that the state board of health
shall have the right and authority to forthwith appoint duly qualified resi-
dents of the county of Cherokee to serve on said county board of health.
The said county board of health shall meet every month and it shall be a
part of their duty to render a report of their wcrk annually to the state
board of health, not later than December 1st of each year. They shall serve
without pay.

The county board of health is hereby invested with all powers, duties,
privileges and liabilities that are now imposed by law upon local boards
of health in incorporate cities, towns and villages.

(2) County health department. — There shall be created and maintained a
county health department. This health department shall function and be
under the control and direction of the county board of health. The said
county health department shall be in charge of a graduate of a regular
reputable medical college, and a physician skilled in hygienic and sanitary
science, who shall be specially trained and qualified in the practice of pre-
ventive medicine; and whose qualifications must be duly passed upon by
the state board of health. He shall be elected by the county board of health
upon nomination of the state board of health; he shall hold office at the
pleasure of the county board of health and until his successor is elected
and qualified.

That such additional personnel shall be appointed and employed as is
consistent with the needs of the county who shall be appointed by the said
director of the county health department, with and by the consent of the
county board of health.

The director of the county health department shall render a monthly,
quarterly and annual report to the county board of health and to the state
board of health. This organization, functioning as a county health depart-
ment, shall render the following services to the community:

(1) To teach the people the source of contagious diseases; the principal
methods of their spread and the common sense methods of prevention.

(2) To prevent the spread of "catching diseases."

a. By locating and isolating the cases, quarantining those exposed and
inducing strict bedside precautions.

b. By general sanitation.

c. By giving free to all who need it, typhoid and smallpox vaccines,
diphtheria toxin, antitoxing and Pasteur treatments to those who are un-
able to pay for it.

(3) To inspect all food manufacturing and vending establishments and

Page 213 Boards of Health and Health Provisions § 5055-12

enforce state health regulations pertaining thereto. This refers especially
to dairies and milk handlers.

(4) To inspect all schoolhouses and other public buildings and secure
the necessary corrections relative to heating, lighting, ventilation, water
supply and excreta disposal.

(5) To examine school children and children of pre-school age for physi-
cal defects that interfere with the physical and mental development of the
child; notify the parents of the defects found and to strive to induce the
correction of remediable defects.

(6) To examine for hookworm disease and furnish free treatment.

(7) To maintain a local laboratory for assisting in the diagnosis of tu-
berculosis, malaria, diphtheria, typhoid fever, intestinal parasites and
other diseases.

(8) To make sanitary surveys of the county and induce the necessary
corrections in water supplies, and methods of excreta disposal, and su-
pervise mosquito and fly control measures.

(9) To emphasize to the public through various educational means, the
necessity of screened homes, safe method of disposing of human excreta,
etc.

(10) To emphasize the value of periodic examination for adults by
demonstration and by all educational means, such as lectures, newspaper
articles and pamphlets.

Provided, however, that only such services shall be rendered which are
consistent with the personnel employed in said county.

This section shall be construed as giving to the county board of health
and its legal representatives, the county health department, all the rights,
duties, powers and privileges that are necessary to properly carry out its
function of safeguarding the health of the community, and especially all
the rights, powers, privileges, liabilities and duties that belong and apper-
tain to the local boards of health in incorporate cities, towns and villages:
provided, however, that nothing contained herein shall be construed as in-
terfering with or limiting the rights and duties, and privileges now de-
volved by law upon the state board of health and its legal representatives.

(3) Appropriation. — The necessary appropriation be provided by mem-
bers of the General Assembly to carry out the provision of this section for
the county board of health and county health department, and the said
moneys so appropriated shall remain in the custody of the county authori-
ties to be paid out upon properly prepared vouchers of the county health
department. Said vouchers having been approved for payment by the
county board of health.

(4) Secretary. — The director of the county health department shall be sec-
retary of the county board of health, he shall be the custodian of books,
papers, instruments or appliances belonging to said board or that may be
intrusted to his care; he shall summon the board to meetings and shall at-
tend all meetings of the board unless otherwise ordered, and shall dis-
charge the duties appertaining to the office of secretary.

1932 Code, § 4121; 1928 (35) 1799.

§ 5055-12. Health department, Darlington County — health officer. — There
is hereby created the department of health of Darlington County which
shall be under the control of the county manager. A county health officer

§ 5055-12 Civil Code Page 214

shall be appointed by the manager to serve for a term of two (2) years
subject to removal by the manager and until his successor is appointed
and qualified. He shall be a licensed physician who has practiced his pro-
fession for at least five years. It shall be the duty of the county health of-
ficer to attend the medical needs of the jail and chaingang, and he shall
visit these places as often as is required by the manager. He shall receive
such compensation, give such bond, employ such assistants and perform
such duties and exercise such functions as may be required by the man-
ager. He shall conduct his work in association with and subject to the ju-
risdiction of the state board of health as now provided by law, and in all
respects shall see to the carrying out in Darlington County of the general
laws of the State respecting health and sanitation. When requested, he
shall attend the meetings of the county board of public welfare, and assist
that body in the performance of its duties.
1941 (42) 292.

§ 5056-3. Dorchester County board of health.

(1) Members — terms, etc. — From and after the passage of this section the
county of Dorchester shall have and maintain a county board of health,
under the direction and control of the state board of health, as now pro-
vided by law for the direction and control of local boards of health in in-
corporated cities, towns, and villages. The said board of health shall be
composed of the county superintendent of education, a member of the
State Federation of Women's Clubs and a bona fide resident of the county
of Dorchester, appointed by members of the General Assembly from said
county. The members of this county board of health functioning as such
are to serve for a term of one (1) year and until their successors have
been elected and qualified: provided, however, that if for any reason the
said county board of health is not duly appointed that the state board of
health shall have the right and authority to forthwith appoint duly quali-
fied residents of the county of Dorchester to serve on said county board of
health. The said county board of health shall meet every month and it
shall be a part of their duty to render a report of their work annually to
the state board of health, not later than December 1st of each year. They
shall serve without pay. The county board of health is hereby invested with
all powers, duties, privileges, and liabilities that are now imposed by law
upon local boards of health in incorporate cities, towns, and villages.

(2) County health department — director — duties. — From and after the
passage of this section there shall be created and maintained a county
health department. This health department shall function and be under the
control and direction of the county board of health. The said county health
department shall be in charge of a graduate of a regular reputable medical
college, and a physician skilled in hygiene and sanitary science, who shall
be specially trained and qualified in the practice of preventive medicine;
and whose qualifications must be duly passed upon by the state board of
health. He shall be elected by the county board of health; said officer, how-
ever, so elected shall in all respects meet with the approval of the state
board of health, and in the event that said officer shall be disapproved by
said state board of health, then the county board of health shall proceed
to elect another such officer and continue so to do until it shall have elected
such officer as shall meet with the approval of the said state board of

Page 215 Boards of Health and Health Provisions § o056-3

health; he shall hold office at the pleasure of the county board of health
and until his successor is elected and qualified. Such additional personnel
shall be appointed and employed as is consistent with the needs of the
county who shall be appointed by the said director of the county health
department, with and by the consent of the county board of health. The
director of the county health department shall render a monthly, quarterly
and annual report to the county board of health and to the state board of
health. This organization, functioning as a county health department
shall render the following services to the community:

(1) To teach the people the source of contagious diseases; the principal
methods of their spread and the common sense method of prevention.

(2) To prevent the spread of "catching diseases."

a. By locating and isolating the cases, quarantining those exposed
and inducing strict bedside precautions.

b. By general sanitation.

c. By giving free to all who need it, typhoid and smallpox vaccines,
diphtheria toxin-antitoxin, and Pasteur treatments to those who

are unable to pay for it.

(3) To inspect all food manufacturing and vending establishments and
enforce state health regulations pertaining thereto. This refers especially
to dairies and milk handlers.

(4) To inspect all schoolhouses and other public buildings and secure
the necessary corrections relative to heating, lighting, ventilation, water
supply and excreta disposal.

(5) To examine school children and children of pre-school age for physi-
cal defects that interfere with the physical and mental development of
the child; notify the parents of the defects found and strive to induce the
correction of remediable defects.

(6) To examine the hookworm disease and furnish free treatment.

(7) To maintain a local laboratory for assisting in the diagnosis of tu-
berculosis, malaria, diphtheria, typhoid fever, intestinal parasites and other
diseases.

(8) To make sanitary surveys of the count}' and induce the necessary
corrections in water supplies, and methods of excreta disposal, and super-
vise mosquito and fly control measures.

(9) To emphasize to the public through various educational means, the
necessity of screened homes, safe method of disposing of human excreta,
etc.

(10) To emphasize the value of periodic examination for adults by
demonstration and by all educational means such as lectures, newspaper
articles and pamphlets.

Provided, however, that only such services shall be rendered which are
consistent with the personnel employed in said county. This section shall
be construed as giving to the county board of health and its legal repre-
sentative, the county health department, all the rights, duties, powers and
privileges that are necessary to properly carry out its function of safe-
guarding the health of the community, and especially all the rights, powers,
privileges, liabilities and duties that belong and appertain to the local
boards of health in incorporate cities, towns and villages: provided, how-
ever, that nothing herein contained shall be construed as interfering or
limiting the rights and duties and privileges now devolved by law upon

§ 5056-3 Civil Code Page 216

the state board of health and its legal representatives.

(3) Appropriations. — The necessary appropriation shall be provided by
the members of the General Assembly to carry out the provisions of this
section for the county board of health and county health department,
and the said moneys so appropriated shall remain in the custody of the
county authorities to be paid upon properly prepared vouchers of the
county health department. Said vouchers having been approved for pay-
ment by the county board of health.

(4) Secretary of county board of health — duties. — The director of the
county health department shall be secretary of the county board of health,
he shall be the custodian of books, papers, instruments or appliances be-
longing to said board or that may be intrusted to his care; he shall sum-
mon the board to meetings of the board unless otherwise ordered, and
shall discharge the duties appertaining to the office of secretary.

1932 Code, § 4299; 1931 (37) 701.

§ 5056-5. Florence County board of health.

(1) Members — term — powers, duties, etc. — From and after the passage of
this section the county of Florence shall have and maintain a county
board of health, under the direction and control of the state board of
health, as now provided by law for the direction and control of local
boards of health in incorporated cities, towns and villages. The said county
board of health shall be composed of a member of the county Federation
of Women's Clubs, a member of the county medical society, and two bona
fide residents of the county of Florence, duly elected and appointed by the
county delegation to the General Assembly and a bona fide resident of the
county of Florence, duly elected and appointed by the executive commit-
tee of the state board of health. The members of this county board of health
functioning as such are to serve for a term of one (1) year and until their
successors have been elected and qualified: provided, however, that if for
any reason the said county board of health is not duly appointed that the
state board of health shall have the right and authority to forthwith ap-
point duly qualified residents of the county of Florence to serve on said
county board of health. The said county board of health shall meet every
month and it shall be a part of their duty to render a report of their work
monthly, quarterly and annually to the state board of health. They shall
serve without pay. The county board of health is hereby invested with all
powers, duties, privileges and liabilities that are now imposed by law upon
local boards of health in incorporate cities, towns and villages.

(2) County health department — director — additional personnel. — From
and after the passage of this section there shall be created and maintained
a county health department. This health department shall function and be
under the control and direction of the county board of health. The said
county health department shall be in charge of a graduate of a reputable
medical college, a physician skilled in hygienic and sanitary science, who
shall be specially trained and qualified in the practice of preventive medi-
cine; and whose professional qualifications must be duly passed upon by
the state board of health. He shall be elected by the county board of health
upon nomination of the state board of health; he shall hold office at the
pleasure of the county board of health and until his successor is elected
and qualified. Such additional personnel shall be appointed and employed,
as is consistent with the needs of the county, who shall be appointed by the

Page 217 Boards of Health and Health Provisions § 5056-5

said director of the county health department, with and by the consent
of the county board of health.

(3) Services render. — This organization, functioning as a county health
department, shall render the following services to the community:

1. To teach the people the source of contagious diseases; the principal
methods of their spread and the common sense methods of prevention.

2. To prevent the spread of communicable diseases.

a. By locating and isolating the cases, quarantining those exposed and
inducing strict bedside precautions.

b. By general sanitation.

c. By giving to all who desire it typhoid and smallpox vaccines, diph-
theria toxin antitoxin, and Pasteur treatment. This provision is
definitely contingent upon the amount of funds available.

3. To inspect all food manufacturing and vending establishments and en-
force state health regulations pertaining thereto. This refers especially to
dairies and milk handlers.

4. To inspect all school houses and other public buildings and secure
the necessary corrections relative to heating, lighting, ventilation, water
supply and excreta disposal.

5. To examine school children and children of pre-school age for physi-
cal defects that interfere with the physical and mental development of the
child; notify the parents of the defects found and strive to induce the cor-
rection of remediable defects.

6. By aiding with all available resources the reduction of maternity and
infancy mortality.

7. To examine for hookworm disease.

8. To maintain a local laboratory for assisting in the diagnosis of tu-
berculosis, malaria, diphtheria, typhoid fever, intestinal parasites and other
diseases.

9. To make sanitary surveys and induce the necessary corrections in
water supplies, and methods of excreta disposal, and supervise mosquito
and fly control measures.

10. To emphasize on the public through various educational means, such
as newspaper articles, pamphlets, bulletins, public lectures and addresses,
the necessity of screened homes, safe methods of disposing of human ex-
creta, pure water, good food and safe milk.

11. To emphasize the value of periodic examination for adults by demon-
stration and by all educational means, such as lectures, newspaper articles
and pamphlets. These examinations are to be conducted by the family
physician.

Provided, however, that only such services shall be rendered which are
consistent with the personnel employed and the appropriation provided
for the said county health department.

(4) Construction of section — authority of county health department. —
This section shall be construed as giving to the county board of health and
its legal representative, the county health department, all the rights,
duties, powers and privileges that are necessary to properly carry out its
function of safeguarding the health of the community, and especially all
the rights, powers, privileges, liabilities and duties that belong and apper-
tain to the local boards of health in incorporate cities, towns and villages:
provided, however, that nothing contained herein shall be construed as in-

§ 5056-5 Civil Code Page 218

terfering with or limiting the rights and duties, and privileges now de-
volved by law upon the state board of health and its legal representatives.

(5) Director to make reports. — The director of the county health depart-
ment shall render a monthly, quarterly and annual statistical and narra-
tive report to the county board of health and to the state board of health.

(6) Appropriation — disbursement. — The necessary appropriation shall be
provided by members of the General Assembly to carry out the provisions
of this section for the county board of health and county health depart-
ment, and the said moneys so appropriated shall remain in the custody of
the county authorities to be paid out upon properly prepared vouchers of
the county health department. Said vouchers having been approved for
payment by the county board of health: provided, that the county board
of health and county health department are hereby prohibited from con-
tracting for any services, or the expenditure of any funds in excess of the
appropriation made by the General Assembly and prior to said appropria-
tion by the General Assembly.

(7) Further duties of director. — The director of the county health de-
partment shall be secretary of the county board of health; he shall be the
custodian of books, papers, instruments or appliances belonging to said
board or that may be intrusted to his care; he shall summon the board to
meetings and shall attend all meetings of the board unless otherwise or-
dered, and shall discharge the duties appertaining to the office of secretary.

(8) Reports required of certain public health workers in county. — All
persons engaged in any phase of public health work or preventive medi-
cine, whose compensation is paid wholly or in part by the county of Flor-
ence, shall render monthly, quarterly and annually statistical and narra-
tive reports to the county board of health, and such reports shall be incor-
porated as part and parcel of the reports of the county health department.

1932 Code, § 5019; 1931 (37) 739

§ 5056-6. Installation of septic tanks and plumbing, disposal of garbage
and artificial containers, water supply, Pawley's Island and certain vicinity
thereof, and marsh lands in Georgetown County — enforcement. — The pro-
visions of this section shall apply to Pawley's Island and in the vicinity
thereof which borders and touches the Atlantic Ocean and marsh lands in
Georgetown County. All septic tanks must meet specifications for septic
tanks and tile fields of the state board of health. No tile fields shall be so
laid as to drain directly into creeks or ocean. All plumbing must be prop-
erly installed with proper vents, etc., necessary to insure proper operation
of toilets to prevent excreta from over-flowing on surface of ground. All
garbage must be removed from premises every twenty-four (24) hours,
and must not be deposited in creeks, rivers or ocean or on land between
creeks or rivers and ocean nor on land a distance of one mile of the low
water mark of creeks or rivers. Tin cans, bottles or other artificial con-
tainers that will hold water must be buried or removed from the island
resorts and beach resorts as provided above for garbage. Proper toilet fa-
cilities shall be installed in or near any building used or occupied as a
residence or temporary abode ; place of entertainment or amusement, and
the sewerage or discharge from such toilets shall be disposed of through
septic tanks or other means or device as approved by the state board of
health. No raw human excreta or sewerage shall be deposited or dis-
charged into the ocean, creeks or marsh lands where the tide ebbs and

Page 219 Boards of Health and Health Provisions § 5056-7

flows: provided, that septic tanks may be constructed of concrete, brick,
cement or iron, or other durable materials. It shall be the duty of the state
board of health to inspect all buildings covered by this subsection, and in
the event of non-compliance by the owner of any such building, to give
written notice by registered mail to such owner, requiring compliance
within forty (40) working days of the receipt of such notice. The failure
on the part of the owner to comply with the provisions of this subsection
within forty (40) working day period shall constitute a misdemeanor, pun-
ishable as provided in subsection 2 hereof; and each day that such non-
compliance shall continue after such forty (40) working day period shall
constitute a separate offense.

All hotels, restaurants, boarding houses and inns must provide water for
their guests, meeting the requirements of the state board of health for a
safe drinking water.

The proprietor of a boarding house, hotel, restaurant, or store, the prin-
cipal or superintendent of a school, the agent or station master of a rail-
road station or depot or the person in charge of an office building estab-
lishment or institution is charged with the duty of compliance with the
provisions of this section in and upon property under his, her or its control.

The state board of health, or its duly appointed agents shall make full
inspections and examinations with the end in view of carrying out the
provisions of this section. It shall be the duty of the state board of health,
or its duly accredited agents to prosecute any violation of this section.
Notice shall be given in writing to the one in possession of property al-
lowing ninety (90) days to replace all septic tanks and water supplied not
meeting the requirements herein provided when this section goes into ef-
fect. After which a placard reading "unsanitary, unlawful to use" shall
be placed over any toilet, the waste from which goes into a septic tank,
not meeting the requirements of this section, over any water spigot, pump
or any other water outlet containing water that does not meet the above re-
quirements shall be placed a placard reading "this water unsafe for drink-
ing purposes."

No person shall remove or deface any official notice placed as above pro-
vided.

All sewer connections, septic tanks or privy installations shall be made
under permit from the health department. The hereinabove provisions
are hereby declared to be separable and, should any portion thereof be
adjudged to be unconstitutional by a court of competent jurisdiction, the
validity of the remainder of said provisions shall not be affected thereby.
Any violation of the provisions of this section shall be punishable by a fine
of not more than one hundred ($100.00) dollars or by imprisonment for
not more than thirty (30) days, in the discretion of the court.

1939 (41) 566; 1940 (41) 1900.

§ 5056-7. Greenville County health officer.

(1) Appointment and salary. — The executive committee of the state
board of health shall appoint, upon the recommendation of the county
delegation, a health officer for the county of Greenville, who shall con-
tinue in office during the pleasure of said delegation. Said officer shall re-
ceive an annual salary of eighteen hundred ($1,800.00) dollars, payable
monthly, three hundred ($300.00) dollars per annum for traveling ex-
penses, and two hundred ($200.00) dollars per annum for equipment and

§ 5056-7 Civil Code Page 220

supplies; the items of such expenditures to be approved by the supervis-
ing auditor; the expenditures and salary to be paid out of the ordinary
county funds.

(2) Duties. — It shall be the duty of the county health officer to inspect
frequently the sanitary conditions throughout the county, and to inform
the people by private and public communications as to the needs and
means of promoting health and preventing disease, and to recommend and
enforce that all premises, closets, hog pens, etc., be kept in sanitary con-
dition, and use proper measures for the control and removal of epidemic
of typhoid fever, meningitis, infantile paralysis, scarlet fever, smallpox
and any and every other infectious or contagious disease. It shall be fur-
ther his duty to discover, as far as practicable, every case of tuberculosis
or other contagious or infectious disease in the county and endeavor to
effect an isolation or segregation of such case or cases so as to prevent the
spread of such disease, and whenever persons afflicted with such disease
cannot provide themselves with necessary care for the prevention of the
spread of such disease, it shall be the duty of the county health officer to
endeavor to secure for such persons the care of the tuberculosis camp or of
such other institution as may be available. It shall be the duty of the said
county health officer to require and enforce certain sections to install a
system of sanitary closets where the said county health officer, the county
physician, and the secretary of the state board of health shall deem neces-
sary. It shall further be the duty of the said county health officer to ex-
amine all children in the county under the age of twelve years, unless they
have been examined by a physician, and to ascertain whether they have
physical defects which may be remedied by treatment and in every case
where he discovers the need of treatment he shall communicate the fact
to the parents, guardian or other custodian of such child. And it shall be
unlawful for the county health officer to do any private practice or receive
any fees or compensation only as prescribed by this section.

(3) Penalties. — Any person or persons not complying with the provisions
of this section, shall be subject to a fine of not less than five ($5.00) dol-
lars and not more than ten ($10.00) dollars, or be made to serve not less
than five days and not more than fifteen days on county chaingang.

1932 Code, §§ 5020, 5021; Civ. C. '22, §§ 2328, 2331, 2332; Cr. C. '22, § 547; 1916 (29)
730; 1918 (30) 747.

Employment of county nurses, see § 4445 (12).

§ 5056-8. License handle garbage, Greenville County.

(1) Required. — It shall be unlawful for any person, firm or corporation
to move, collect, transport, or in any way handle garbage for hire in Green-
ville County, South Carolina, without first having obtained from the
Greenville County health department a permit or license authorizing
same.

Provided, however, that any person, firm or corporation may move or
dispose of garbage that accumulates on his or its premises without ob-
taining such license.

(2) Greenville County health department regulate collection, removal and
disposal of garbage. — The Greenville County health department is hereby
authorized and empowered to regulate the collection, removal and dis-
posal of all garbage within said county. All disposal plants, equipment,
sites, etc., shall at all times be subject to the inspection, approval and regu-

Page 221 Boards of Health and Health Provisions § 5056-9

lation of the health department.

(3) Sites for disposal of garbage — license fee for vehicles handling gar-
bage — incorporated municipalities exempt from statute. — The Greenville
County health department is hereby authorized and empowered to rent,
lease, buy, or otherwise acquire, subject to the approval of the Greenville
County legislative delegation, suitable and adequate sites for the disposal
of garbage accumulating within said county. Said health department is
also authorized and empowered to charge a minimum license fee of $1.00
per year to each truck, wagon, or other conveyance moving, collecting or
transporting garbage in said county. Said conveyances shall be subject to
inspection and approval of the health department, and, if at any time any
such conveyance is found to be unsafe, inadequate, obsolete, or undesir-
able, the license of same may be revoked by the health department Pro-
vided, however, that the terms and provisions of this section shall not ap-
ply to incorporated cities and towns within the said county.

(4) Penalties. — Any person, firm or corporation violating any provision
of this section shall be deemed guilty of a misdemeanor and upon convic-
tion of same shall be subject to a fine of not more than one hundred
($100.00) dollars or imprisonment for not more than thirty (30) days.
Each violation of this section shall not be considered as a continuing of-
fense, but the violation of any provision hereof shall be a separate and dis-
tinct offense.

1940 (41) 1766.

§ 5056-9. Venereal clinic. Greenville County.

(1) Operation. — There shall be provided, managed and operated a vene-
real clinic in Greenville County under the direction of the county health
department, as herein set forth. It is made the duty of the county health
physician to provide the citizens of Greenville County with advantages
and facilities of a venereal clinic, and to that end he is empowered to make
such agreements and employ such persons as in his judgment is necessary
in keeping with the funds herein provided. He is also authorized and em-
powered to make such rules and regulations governing the conduct thereof
and the expenditure of the funds herein provided as he may deem proper.
He is authorized to require of any and all persons serving in the county
health department to render such services in connection with the opera-
tion of the said clinic as in his judgment may be done without undulv in-
terfering with the duties now cast upon them by law or under rules pro-
mulgated by the said department.

The said county health physician is also empowered to prescribe rules
and conditions by which it shall be determined who are and who are not
charity patients and he is authorized to require of all those who are able
to pay, the payment of a reasonable charge for the services. All persons,
however, who are not able to pay for the benefits, the purpose of which it
is this section to provide, shall be treated without charge.

(2) Domestic servants — examination — treatment — employment. — Before
any domestic servant shall be continued as such or employed as a do-
mestic servant in any family, on and after January 1, 1940, such servant
shall be provided with a certificate from the county health department of
Greenville County, showing that he or she is either free from syphilis or
under proper and adequate treatment for syphilis. It is also made unlawful
for any employer of domestic help to engage or continue the services of

§ 5056-9 Civil Code Page 222

any such, after January 1, 1940, unless such servant can show a certificate
that he or she has been examined by the county health department of
Greenville County and is either free from syphilis or under proper and
adequate treatment for syphilis. Such certificate shall be valid for one (1)
year from the date thereof. Thereafter all such domestic employees shall
annually submit to an examination and shall not be employed unless he
or she can present a certificate, showing either freedom from any such dis-
ease or that he or she is under proper and adequate treatment for any such
disease. Provided, however, that in lieu of a certificate by the county health
department any such servant may obtain a certificate from any private
physician, under such rules and regulations in respect thereto as may be
prescribed by the county health physician.

The provisions of this section shall be liberally construed, the main pur-
pose thereof being to afford as much security as may be to the health of
the people of Greenville County and to curtail the spread of and to ex-
terminate the said diseases.

1938 (40) 1809.

§ 5056-10. Owners of certain property connect with sewer lines and in-
stall necessary fixtures, Greenville County. — It shall be the duty of every
owner of real estate adjoining any street or roadway within Greenville
County, and upon which there is now, or may hereafter be. a building in
which persons live, or are engaged at work, and which is now, or here-
after may be, provided with a sewer and water pipe, to make proper con-
nections with such sewer within ninety days after May 14, 1937. or within
ninety days after the said sewer and water lines have been installed, as
the case may be and, in cases where the building is constructed after May
14, 1937, in ninety days after the completion thereof, and to install neces-
sary fixtures in the way of closets, urinals or slop sinks to accommodate
the number of people residing or employed on said premises. If any such
owner shall fail or neglect to comply with the foregoing provisions within
such time limit, it shall be the duty of the Greenville County health com-
mission to give notice in writing to said owner that such connection must
be made and necessary fixtures provided within thirty days from date of
said notice. The commissioner of health shall also have the right to re-
quire such connections to be made and such fixtures provided where such
real estate does not join, but is within three hundred (300) feet of some
street or roadway. Any owner of such real estate who shall fail or neelect
to make the aforesaid connections and installations within the time herein
specified, shall, on conviction, be punished by a fine of not more than one
hundred ($100.00) dollars, or by imprisonment for not more than thirty
days.

1937 (40) 536.

§ 5056-11. Not pollute water supply of Greenville. — It shall be unlawful
for any person to trespass, defile, corrupt, or make impure any well, spring,
drain, branch, brook, creek or other source of the public water supply of
the city of Greenville by depositing human or animal excreta in any of the
sources for such public water supply or on the water shed thereof; or
shall camp, hunt, fish, wade, bathe, wash the person or any garment or
other thing in said source or sources or upon any part of said water shed
or sheds; or to deposit, or allow to remain the body of a dead bird or ani-

Page 223 Boards of Health and Health Provisions § 5057

mal in said sources or on said water sheds, or to pasture any pigs or hogs on
said water sheds. It shall also be unlawful for any person to injure or de-
stroy any dam, pipe, conductor of water or other property pertaining to
such water supply. Upon the city of Greenville or commissioners of public
works of said city, posting in a conspicuous place at a point around the
outer boundary lines of such source or water shed or sheds at intervals of
approximately one-fourth of a mile, notices that hunting, fishing, camp-
ing, trespassing, injurying the plant in any manner or contaminating the
water shed in any manner is prohibited, shall be sufficient notice to ah
people. Any person violating this section shall upon conviction, for the first
offense, be fined not exceeding twenty-five ($25.00) dollars or not exceed-
ing thirty days' imprisonment; for the second offense, one hundred
($100.00) dollars or three months' imprisonment, either or both, and for
the third or any subsequent offense, be imprisoned at hard labor for six
months.

1932 Code, § 1449; 1930 (36) 1332.

§ 5056-13. Additional tax care for indigent patients at Camden hospital,
Kershaw County. — To supplement the levy now provided for by law for
assisting the Camden hospital in caring for the sick poor of said county,
the auditor of Kershaw County is hereby authorized and directed to levy
an additional annual tax of three-fourths (%) of one (1) mill on all of
the taxable property of said county and the treasurer of said county is
directed to collect the same and apply the proceeds to the aforesaid pur-
pose.

1938 (40) 1545.

§ 5057. Newberry County board of health.

(1) Authorized. — Newberry County, South Carolina, shall have and
maintain a county board of health, under the direction and control of the
state board of health, as now provided by law, for the direction and con-
trol of local boards of health in incorporated cities, towns and villages.

(2) Board — appointment — chairman. — The said county board of health
shall be composed of one member chosen by the Newberry County legis-
lative delegation; one member chosen by the town council of Newberry;
and one member selected by the two members so chosen by the county
legislative delegation and the town council of the city of Newberrv re-
spectively. Immediately upon their election their names shall be certified
to the state board of health, and the state board of health shall, in letter
form, under the seal of the state board of health, give official recognition
and proof of their election and commission as members of the said county
board of health of Newberry County. That at the first meeting of the board
one of their number shall be elected chairman.

(3) Board — term — appointment — vacancy. — The members of the county
board of health, functioning as such are to serve for a term of two (2)
years: provided, that if for any reason the members of the said county
board of health are not elected and appointed, it shall be the duty of the
state board of health to forthwith appoint such duly qualified residents of
the county to serve on the said county board of health as may be neces-
sary: provided, further, that in case of the death or resignation of any
member of the county board of health prior to the expiration of the term
of office for which such member has been elected, the successor shall be

§ 5057 Civil Code Page 224

elected as herein provided for the election of members of the said board.

(4) Duties and powers. — The county board of health is hereby and here-
with vested with all rights, powers, duties, privileges, and responsibilities
that are now imposed by law upon local boards of health in incorporated
cities, towns, and villages, and such other duties as are prescribed in this
section: provided, however, that in carrying out all powers, duties, etc.,
herein prescribed, the said county board of health shall control and direct
the activities of the county health department through the director of the
county health department.

(5) County health department — director. — There shall be created and
maintained a county health department. This health department shall
function and be under the control and direction of the county board of
health. The said county health department shall be under the direction
and supervision of a director who shall be a graduate of a regular reputa-
ble medical college, a physician skilled in hygiene and sanitary scionce,
who shall be especially trained and qualified in the practice of preventive
medicine. He shall be elected by the county board of health upon nomina-
tion of the state board of health. He shall hold office at the pleasure of the
county board of health and until his successor is elected and qualified.

Such additional personnel shall be appointed and employed as is con-
sistent with the needs of the county, who shall be appointed by the said di-
rector of the county health department, with and by the consent of the
county board of health, only upon the written approval of the Newberry
County legislative delegation. They shall hold office at the pleasure of the
county board of health. All personnel employed shall meet the qualifica-
tions prescribed by the state board of health and the United States public
health service.

The director of the county health department shall render reports to the
county board of health and to the state board of health as may be required.

(6) Duties and powers of department. — The duties of the county health
department shall include the control of communicable diseases by all ac-
ceptable and approved methods, maternal and child hygiene, pre-school
and school hygiene, sanitation, including sanitation of all food vending es-
tablishments, dairies, abattoirs, and school sanitation, and all other duties
and activities that are usually carried on by organizations of like au-
thority, and such other duties as may be prescribed by the county board
of health and/or the state board of health: provided, however, that only
such services shall be rendered as are consistent with the personnel em-
ployed.

(7) Certain duties and powers of local boards in municipal corporations
and villages devolved. — All the rights, duties, powers, privileges, and re-
sponsibilities that are now imposed by law upon local boards of health
in incorporated cities, towns and villages of the said county of Newberry
shall cease to be of force and effect, and all the incorporated cities, towns
and villages of the said county of Newberry shall be under the control,
direction and provisions of this section: provided, that the rights, powers,
duties, privileges, etc., mentioned in this section shall only refer to such
rights, powers, duties, privileges, etc., as appertain to the direction, con-
trol, and supervision of health and matters pertaining to health: provided,
further, that this section does not relieve the said cities, towns and vil-
lages from any expense which may be incurred in correcting nuisances,

Page 225 Boards of Health and Health Provisions § 5057-2

maintaining water supplies and sewage disposal plants, and other recog-
nized and approved activities for the prevention of disease and the promo-
tion of health: provided, however, that if any city, town or village shall
have a commission or board in charge of a water supply and sewage dis-
posal plant, nothing in this section shall take away from such commission
or board their rights, powers and duties.

(8) Salaries — expenses. — All salaries and expenses necessary to the main-
tenance, operation and upkeep of the Newberry County health department
shall be fixed by the Newberry County legislative delegation each year in
the appropriation act for Newberry County. Any personnel employed for
exclusive service in any incorporated city, town or village of Newberry
County shall be paid and the salary, or salaries, and expenses therefor,
shall be fixed by the city, town or village receiving such services. Noth-
ing in this section shall be construed to prevent the salaries of any em-
ployees of Newberry County health department from being supplemented
by funds made available from any other source.

(9) Secretary of board. — The director of the county health department
shall be secretary of the county board of health, and he shall be the custo-
dian of books, papers, instruments, or appliances belonging to the said
board, or that may be intrusted to his care; he shall summon the board to
monthly meetings, and shall attend all meetings of the board, unless other-
wise ordered, and shall discharge the duties appertaining to the office of
secretary.

1938 (40) 1692.

§ 5057-2. License handle garbage, Richland County.

(1) Required. — It shall be unlawful for any person, firm, or corporation
to move, collect, transport, or in any way handle garbage for hire in Rich-
land County, South Carolina, without first having obtained from the Rich-
land County health department a permit or license authorizing same; pro-
vided, however, that any person, firm or corporation may move or dis-
pose of garbage that accumulates on his or its premises without obtaining
such license.

(2) Health department regulate collection, removal, and disposal of gar-
bage, Richland County. — The Richland County health department is here-
by authorized and empowered to regulate the collection, removal and dis-
posal of all garbage within said county. All disposal plants, equipment,
sites, etc., shall at all times be subject to the inspection, approval and regu-
lation of the health department.

(3) Sites for garbage disposal — license fee for vehicles handling garbage
— exemption. — The Richland County health department is hereby author-
ized and empowered to rent, lease, buy, or otherwise acquire, subject to the
approval of the Richland County legislative delegation, suitable and ade-
quate sites for the disposal of garbage accumulating within the said county.
Said health department is also authorized and empowered to charge a
minimum license fee of one ($1.00) dollar per year to each truck, wagon,
or other conveyance moving, collecting or transporting garbage in said
county. Said conveyance shall be subject to inspection and approval of the
health department; and, if at any time such conveyance is found to be un-
safe, inadequate, obsolete, or undesirable, the license of same may be re-
voked by the health department. Provided, however, that the terms and pro-

m.-s.c.-s

§? 5057-2 Civil Code Page 226

visions of this section shall not apply to incorporated cities and towns
within the said county.

(4) Penalties. — Any person, firm or corporation violating any provisions
of this section shall be deemed guilty of a misdemeanor and upon convic-
tion of same shall be subject to a fine of not more than one hundred
($100.00) dollars or imprisonment for not more than thirty (30) days.
Each violation of this section shall not be considered as a continuing of-
fense, but the violation of any provision hereof shall be a separate and
distinct offense.

1942 (42) 1436.

§ 5057-3. Spartanburg County board of health.

(1) Creation. — There shall be a county health board of Spartanburg
County, which shall consist of five members, three of whom shall come
from the county at large, and shall be commissioned by the Governor for a
period of two years upon recommendation of a majority of the legislative
delegation from Spartanburg County in the General Assembly. The county
superintendent of education and one member of the county board of Spar-
tanburg County shall be ex officio members. They shall serve without pay.

(2) County health officer. — The county health board shall emoloy a
county health officer for Spartanburg County who shall serve in such ca-
pacity so long as his services are satisfactory, and who shall be subject to
removal for cause by the health board at any time. No person shall be ap-
pointed to fill this office unless he shall be a graduate of a reputable medi-
cal college and otherwise qualified to carry on public health work. He shall
receive an annual salary of thirty-six hundred ($3,600.00) dollars a vear,
payable monthly.

(3) Sanitary inspector — nurses. — The county health officer shall employ,
with the approval of the county health board, a sanitary inspector and
county health nurses, who shall work under his direction and supervision
and may be removed by him for cause. The salaries of the sanitary in-
spector and said nurses shall be named by the county health officer and
county health board.

(4) Duties of health officer and subordinates. — The county health of-
ficer, the sanitary inspector and the public health nurses herein provided
shall have jurisdiction in the county of Spartanburg, outside of city of
Spartanburg, and shall inspect frequently the sanitary conditions through-
out the county, and give information by bulletins, and provide communica-
tions as to the need of promoting health and preventing disease. They shall
discuss as far as practicable all causes of diseases, and when any disease is
contagious or infectious they shall, where practicable, effect an isolation
or quarantine of such cases so as to prevent the spread of disease. They
shall be charged with the duties of enforcing all health or sanitary laws of
the State and regulation of the state board of health. The members of this
organization shall, in so far as possible, confine their activities to the prac-
tice of preventative medicine.

(5) Equipment — expenses. — The county board shall furnish said county
health officer, the sanitary inspector and any of the nurses needing same
an automobile and shall pay the necessary running expenses, including
gasoline, oil and repairs on same. Each of the said automobiles shall be
plainly marked on each side, "County Health Department," and shall not
be used except on business.

Page 227 Boards of Health and Health Provisions § 5057-4

(6) Physicians to report contagious diseases. — Any physician attending
any patient in the county of Spartanburg, outside the city of Spartanburg,
who has a contagious or infectious disease shall within twenty-four hours
after diagnosing such disease report to the county health officer the name
and residence of such person and nature of the disease.

(7) Violation of regulations a misdemeanor — penalty. — Any person vio-
lating any of the regulations of the state board of health after he or she
shall have been notified thereof in writing by either the county health of-
ficer, a sanitary inspector or the county health nurse, shall be guilty of a
misdemeanor and on conviction shall be imprisoned not less than three
days or more than ten days or pay a fine of not less than $5.00 or more
than $25.00. Each day that any such regulation is not obeyed after one no-
tice shall constitute a separate offense. Notice by registered mail shall be
sufficient hereunder. The penalty provided herein shall be in addition to
all other remedies and penalties now provided bv law.

(8) Stationery and printing. — The county board shall furnish the county
health officer with such books, stationery and postage as may be neces-
sary for his office and in addition shall pay the cost of printing such bulle-
tins; the county health officer to contract for the printing of such bulletins
as may be necessary and to certify the bill as correct to the county board,
who shall draw their warrant upon the county treasurer in payment
thereof.

(9) Appropriation. — An appropriation from the funds of Spartanburg
County shall be made to adequately carry on the work outlined herein:
provided, that the sum of money appropriated for this purpose shall not
be exceeded.

1932 Code, § 5022; 1928 (35) 2018.

§ 5057-4. Free venereal clinic, Spartanburg County. — There shall be main-
tained a free venereal disease clinic at the city hall in the city of Spartan-
burg, under the supervision of the United States public health service and
the state board of health of South Carolina, for the treatment of all per-
sons infected with venereal diseases, who are residents of Spartanburg
County and are unable to pay for such treatment. To provide the funds to
carry out the purposes of this section an annual authorization of not ex-
ceeding five thousand ($5,000.00) dollars is hereby authorized. One-half of
the annual authorization to be turned over to the said clinic for the main-
tenance of the clinic on each July 1 and each January 1.
1932 Code, § 4781; 1931 (37) 1005.

§ 5057-11

Civil Code

Page 228

ARTICLE 1-A
Bedding

principals and

5057-11. Definitions.

5057-12. Liability of
agents.

5057-13. Material not use in bedding—
"shoddy" defined.

5057-14. Not sell bedding used by or
about person having infec-
tious or contagious disease.

5057-15. Sterilize and disinfect material
use remake or renovate bed-
ding — sale of used bedding.

5057-16. Label or tag bedding for sale —
exemptions — bedding fund —

duties and powers of state
board of health.

5057-17. Defacement or alteration of la-
bel or tag on bedding.

5057-18. State board of health super-
vise and inspect manufacture
and sale of bedding — prose-
cute violations.

5057-19. Powers of officers inspecting
bedding.

5057-20. Enforcement.

5057-21. Penalties.

5057-22. Exemptions.

§ 5057-11. Definitions. — The term "bedding" as used in this article shall
be construed to mean any mattress, upholstered spring, comforter, pad,
cushion or pillow designed and made for use in sleeping or reclining, ex-
cept where the filling thereof consists exclusively of sterilized feathers.
The word "person" as used in this article shall be construed to import the
plural and the singular, as the case demands, and shall include individ-
uals, corporations, partnerships, jointstock companies, societies and asso-
ciations.

1941 (42) 318.

Rules and regulations pertaining to the sterilization of bedding and the purchase
of labels in accordance with the provisions of the South Carolina Bedding Law — ■
see Rules and Regulations of the state board of health under § 5002.

§ 5057-12. Liability of principals and agents. — When constructing and en-
forcing the provisions of this article, the act, omission, or failure of any of-
ficer, agent, or other person acting for or employed by any individual, cor-
poration, partnership, joint-stock company, society, or association, within
the scope of his employment or office, shall in every case be also deemed
the act, omission or failure of such individual, corporation, partnership,
joint-stock company, society, or association as well as that of the person.
1941 (42) 318.

§ 5057-13. Material not use in bedding — "shoddy" defined. — No person
shall, in the making or remaking of any article of bedding as herein de-
fined, for sale within the State of South Carolina use any material of any
kind that has been used by or about any person having an infectious or
contagious disease or has formed a part of any article of bedding which
has been so used, or use in said manufacture any material known as
"shoddy" and consisting in whole or part of old or worn clothing, carpets,
or other fabric or material previously used, or use in said manufacture any
other fabric or material from which shoddy is constructed. The word
"shoddy" shall mean any material which has been spun into yarn km't or
woven into fabric and subsequently cut up, torn up, broken up, or ground
up.

1941 (42) 318.

§ 5057-14. Not sell bedding used by or about person having infectious or

Page 229 Bedding § 5057-16

contagious disease. — No person shall sell, offer for sale, deliver, or consign
for sale, or have in his possession with intent to sell, deliver, or consign
for sale, any article of bedding that has been used by or about any person
having an infectious or contagious disease.
1941 (42) 318.

§ 5057-15. Sterilize and disinfect material use remake or renovate bed-
ding — sale of used bedding. — No person shall remake or renovate any ar-
ticle of bedding unless all the material to be used in said remade or reno-
vated bedding shall first be thoroughly sterilized and disinfected by a
process approved by the state board of health. No person shall sell, offer
for sale, deliver, consign for sale, or have in his possession with intent to
sell, deliver, or consign for sale, any article of bedding which has been
previously used, unless the said article of bedding shall first be thoroughly
sterilized and disinfected by a process approved by the state board of
health.
1941 (42) 318.

§ 5057-16. Label or tag bedding for sale — exemptions — bedding fund —
duties and powers of state board of health. — No person shall sell, offer for
sale, consign for sale, or have in his possession with intent to sell, offer for
sale, or consign for sale any article of bedding as herein designated, un-
less the same be labeled or tagged as follows: upon each of such articles of
bedding there shall be securely sewed upon the outside thereof a rruslin
or linen label to be procured from the state board of health as hereinafter
provided upon which shall be legibly written or printed, in the English
language, a description of the material used as the filling of such article of
bedding; if any and all the material used as the filling of such article of
bedding shall not have been previously used, the words "Manufactured of
new material" shall appear upon said tag, together with the name and ad-
dress of the maker or vender thereof.

It shall be unlawful to use in the said statement concerning any mat-
tress the word "felt" or words of like import, if there has been used in fill-
ing said mattress any materials which are not felted and filled in layers.

If any of the material used in the making or remaking of such article of
bedding shall have been previously used, (and when sterilized in con-
formity with section 5057-15 the words "Manufactured of previously used
material" or "Remade of previously used material," as the case may be,
shall appear upon said tag or label, together with the name and address of
the maker or vender thereof, and also a description of the material used in
the filling of such article of bedding. The tag or label required under this
section shall contain a replica of the seal of South Carolina printed thereon
and shall be in the following form:

"OFFICIAL STATEMENT
Manufacture of New Material

Materials used in filling _.

Made by

Vender

Address

The statement of compliance required in the foregoing "official state-
ment" shall not be construed to imply that it is prohibited to state, also,
that the article of bedding is made in compliance with an act or acts of other

§ 5057-16 Civil Code Page 230

states.

The words "Manufactured of new material", or "Manufactured o f pre-
viously used material", or "Remade of previously used material", together
with the description of the material used as the filling of an article of bed-
ding, shall be in letters not less than one-eighth (%) of an inch in height.

In the case of all articles of bedding, the sewing of any edge of tie tag
securely into an outside seam of the article shall be deemed a compliance
with that portion of the act requiring that the tag be "securely sewed"
upon the article.

No term of description likely to mislead shall be used on any tag or label
required by this article in the description of the materials used in the
filling of any article of bedding. This article shall not be construed to pre-
vent a person from making or having made any bedding out of materials
furnished by said person for his or her own use, or to any person who does
not make over six mattresses per week, provided said label is attached.
The state board of health is hereby authorized and directed to contract for
the printing of tags or labels required by this section and shall, upon the
application of any person, firm or corporation, furnish the said tags or
labels fashioned and formed in accordance with the provisions hereof in
lots not less than one thousand (1,000) at a cost of twenty ($20.00) dollars
per thousand to such person, firm or corporation. The said fees or charges
for said tags shall be paid directly to the state board of health and when so
collected shall constitute a separate fund, known as the bedding fund, and
shall be expended and used solely by the board of health in carrying out
the provisions of this article, and such moneys and funds collected by the
state board of health are hereby specifically appropriated to the use of said
board of health for the purposes herein enumerated, and the said state
board of health is specifically charged with the enforcement of this article
in the interest of the health of the people of the State. State institutions
engaged in manufacture of bedding shall not be required to pay a fee for
the tags. All moneys collected under the provisions of this article shall be
paid into the general fund of the State.

1941 (42) 318.

§ 5057-17. Defacement or alteration of label or tag on bedding. — Any per-
son other than a purchaser for his own use who shall remove, deface, alter,
or shall cause to be removed, defaced, or altered any label or tag upon any
article of bedding so labeled. or tagged under the provisions of this article
shall be guilty of a violation thereof.
1941 (42) 318.

§ 5057-18. State board of health supervise and inspect manufacture and
sale of bedding — prosecute violations. — Every place where articles of bed-
ding are made, remade, or renovated, or held for sale, consignment, or de-
livery, shall be subject to supervision and inspection by the state board of
health, whose duty it shall be to supervise and inspect the manufacture
and sale of articles of bedding as defined in this article. Should said board
of health find articles of bedding being made, remade, or renovated, or
held for sale, consignment, or delivery, in other than sanitary conditions,
then said state board of health shall give the person responsible for this
unsanitary condition a definite length of time within the discretion of said
board of health, said time, however, not to exceed sixty days, in which to

Page 231 Bedding § 5057-22

remedy the said unsanitary condition or conditions, and in the event of
failure to do so on the part of the person responsible therefor, the said
failure shall become a violation of this article. Said state board of health
shall have the power to prosecute all violations of this article. Should said
state board of health have reason to believe that any person is violating
or has violated any provisions of this article, it shall be the duty of said
state board of health to prosecute such person therefor.
1941 (42) 318.

§ 5057-19. Powers of officers inspecting bedding. — If and when any officer of
the state board of health has reason to believe that any article of bedding
sold, offered for sale, delivered, consigned, or possessed with intent to
sell, offer for sale, deliver, or consign, is not correctly labeled as to con-
tents the said officer shall be empowered to open such article of bedding to
examine the material used in filling the same; and if said officer after ex-
amination of the material used as filling is unable to determine definitely
whether the material used as filling is new or has been previously used, or
whether the material used in filling such article of bedding is of the kind
ft is stated to be on the label, or in the case of feather pillows, whether the
feathers used in filling same have been sterilized or not, the said officer
shall have power to examine the purchase invoice or invoices of such ma-
terial and such other records of the business as are necessary to determine
definitely the kind and character of the material used in such articles of
bedding.

1941 (42) 318.

§ 5057-20. Enforcement. — Any person who has reason to believe that this
article has been or is being violated may present the facts to the sheriff
of said county wherein such violation occurs, and it shall thereupon be
the duty of said sheriff to investigate the said violation and to institute a
prosecution if he finds reasonable cause to believe that there has been such
violation. Any individual may institute proceedings to enforce this article
and punish any violation thereof in the county where such violation oc-
curs.

1941 (42) 318.

§ 5057-21. Penalties. — Any person who shall fail to comply with any of
the provisions of this article shall be guilty of a violation thereof. The unit
for separate and distinct offense in violation of this article shall be each and
every article of bedding made, remade, sold, offered for sale, delivered, con-
signed, or possessed with an intent to sell, offer for sale, deliver or consign,
contrary to the provisions hereof.

Any person who violates any provision of this article shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined not
more than one hundred ($100.00) dollars or imprisoned for not more than
thirty (30) days.

1941 (42) 318.

§ 5057-22. Exemptions. — The provisions of this article shall not apply in
cases where a mattress or mattresses are being remodeled or renovated by
or for the owner.
1941 (42) 318.

§ 5058 Civil Code Page 232

ARTICLE 2
Quarantine of Vessels

5058. Administration of quarantine at tine vessels.

Charleston. 5079. Unloading quarantine vessels.

5059. Port of Georgetown. 5080. Passengers of quarantine vessels.

5060. Port of Beaufort. 5081. Criminal passengers.

5061 and 5062. Hospital and health offi- 5082 and 5083. Appeal from decision of
cer at Charleston. quarantine officer.

5063. Anchorage grounds. 5084. Health officer.

5064 thru 5067. Vessels subject to quar- 5085 and 5086. Sanitary inspectors,

antine. 5087. Appropriation for expenses.

5068. Vessels bound north. 5038 and 5089. Proclamation of Gover-

5069. Delivery of permit to office. nor.

5070. Returning to sea. 5090. Vessels from infected places.
5071 thru 5073. Duty of pilots. 5091 and 5092. Quarantine officers.
5074 thru 5076. Duties and powers of 5093 and 5094. Enforcement of quaran

quarantine officer. tine laws.

5077. Distinguishing vessels by colors. 5095. Harbor commission at Charleston

5078. Passing through range of quaran- 5096. Quarantine charges.

§ 5058. Port of Charleston, administration of quarantine — quarantine of-
ficer — appointment — term — salary. — The administration of quarantine of
the port of Charleston shall be in charge of the board of health of the city
of Charleston, subject to the advice and supervision of the. executive com-
mittee of the state board of health, and they shall have full power and au-
thority to make such rules and regulations for the institution and enforce-
ment of quarantine as they may deem expedient and as may be conform-
able to law.

The quarantine officer of the port of Charleston shall be appointed by
the Governor on the nomination of the board of health of the city of
Charleston, and shall be vested with all the powers and authority hereto-
fore by law conferred upon the health officer of the port of Charleston, and
shall exercise the same under the direction and control of the said board of
health of the city of Charleston. He shall receive a salary from said board
at the rate of eighteen hundred dollars per annum, and he shall reside at
the quarantine station. He shall be appointed during the month of Jan-
uary, and hold his office for two years, and until his successor shall be ap-
pointed, unless sooner removed by the Governor, at the request of the
board of health of the city of Charleston, or for other reasons satisfactory
to him.

For the purpose of carrying out the provisions of this article with re-
gard to the port of Charleston, the sum of two thousand five hundred dol-
lars shall be annually appropriated, to be paid by the state treasurer, on
the order of the chairman of the board of health of Charleston.

1932 Code, § 5058; Civ. C. '22, § 2493; Civ. C. '12, § 1659; Civ. C. '02, § 1135; G. S.
997; R. S. 977; 1881 (17) 597; 1884 (18) 691.

§ 5059. Supervision and control of port of Georgetown — quarantine of-
ficer — appointment — term — salary. — The port of Georgetown shall remain
under the supervision and control of the executive committee of the state
board of health, and a quarantine officer shall be appointed for the said
port who shall be vested with the power and authority heretofore by law
conferred upon the health officer, and shall exercise the same under the
direction and control of the executive committee of the state board of

Page 233 Quarantine of Vessels § 5062

health, or such local board as the said executive committee may appoint
for that purpose. He shall return to the said executive committee, or to
the said local board, all fees collected by him, and shall receive for his
services annually five hundred dollars, and one hundred and fifty dollars
for boat hire.

1932 Code, § 5059; Civ. C. '22, § 2494; Civ. C. '12, § 1660; Civ. C. '02, § 1136; G. S.
977; R. S. 993; 1881 (27) 597; 1884 (18) 691.

§ 5060. Administration of quarantine at port of Beaufort. — The adminis-
tration of the quarantine of the port of Beaufort, embracing St. Helena
entrance and Port Royal, shall be in charge of the township board of
health of Beaufort township, subject to the advice and supervision of the
executive committee of the state board of health; and they shall have full
power and authority to make such rules and regulations for the institution
and enforcement of quarantine as they may deem expedient and as may
be conformable to law. The quarantine officers of the port of Beaufort,
St. Helena and Port Royal shall be appointed by the Governor on the nom-
ination of the township board of health of Beaufort township. They shall
be invested with all powers and authority heretofore by law conferred
upon the health officers of St. Helena and Port Royal, and they shall exer-
cise such powers and authority under the direction and control of the said
township board of health of Beaufort township. They shall each receive a
salary from said board at the rate of eight hundred dollars per annum, and
the officer at St. Helena entrance one hundred and fifty dollars for boat
hire, and the officer at Port Royal three hundred dollars for boat hire, and
each shall reside at the quarantine station for which he is appointed. They
shall be appointed during the month of January, and shall hold their of-
fice for two years, and until their successors shall be appointed, unless
sooner removed by the Governor at the request of the township board of
health of Beaufort township, or for other reasons satisfactory to him. For
the purpose of carrying out the provisions herein with regard to the port
of Beaufort the sum of two thousand and fifty dollars shall be annually
appropriated, to be paid by the state treasurer on the order of the chair-
man of the township board of health of Beaufort township.

1932 Code, § 5060; Civ. C. '22, § 2495; Civ. C. '12, § 1661; Civ. C. '02, § 1137; R. S.
994; 1891 (20) 1251.

§ 5061. Lazaretto in Charleston harbor. — The site of the Lazaretto at-
tached to the quarantine station in Charleston harbor is changed from
Morris Island to the point on James Island adjacent to Fort Johnson, upon
the lands now the property of the State.

1932 Code, § 5061; Civ. C. '22, § 2496; Civ. C. '12, § 1662; Civ. C. '02, § 1138; G. S.
945; R. S. 995; 1880 (17) 332.

§ 5062. Station of quarantine officer in Charleston harbor. — The station of
the quarantine officer of the port of Charleston, or his deputies, shall be
at a suitable point on Sullivan's Island, or at Fort Johnson, as may be
thought best for the expeditious boarding and examination of vessels ar-
riving from all ports into the harbor of Charleston, the location of said
station to be determined upon by the harbor commission; and the neces-
sary buildings shall be erected for the accommodation of the quarantine
officer and his deputies.

1932 Code, § 5062; Civ. C. '22, § 2497; Civ. C. '12, § 1663; Civ. C. '02, § 1139; G. S.
946; R. S. 996; 1880 (17) 332; (14) 227.

§ 5063 Civil Code Page 234

§ 5063. Anchorage ground for vessels. — The anchorage ground for ves-
sels at quarantine at the ports of Georgetown, Charleston and Hilton Head
shall be designated by buoys, to be anchored under the direction of the
quarantine officer; and every vessel subject to quarantine shall, imme-
diately on her arrival, anchor within them, and there remain, with all per-
sons arriving on her subject to the examination and regulations imposed
by law. For the purpose of quarantine, the port of Hilton Head shall be
held to include the port of Beaufort. The quarantine anchorage for Port
Royal shall be not less than one mile below and south of the mouth of
Johnson's or St. Helena River.

1932 Code, § 5063; Civ. C. '22, § 2498; Civ. C. '12, § 1664; Civ. C. '02, § 1140; G. S.
947; R. S. 997; 1868 (14) 112, § 1; 1879 (17) 102.

§ 5064. Vessels subject to quarantine — regulations — detention — practique.

— For the more certain prevention of the introduction of disease into the
several ports of this State, every vessel arriving from a foreign port, or
from a suspected or infected port of the United States, shall immediately
proceed to the quarantine station of the port of arrival and display a yel-
low flag, or the vessel's ensign in the rigging, and shall be visited by the
quarantine officer between sunrise and sunset as soon as possible after such
arrival. All vessels which have had infectious or contagious diseases on
board during the voyage, or while in the port of departure, and also all
vessels from infected or suspected latitudes or ports, shall be subject to a
detention for such time as the constituted health authorities at the port of
arrival may deem requisite, and practique shall not be given to any such
vessel until such vessel shall have been thoroughly disinfected and fumi-
gated, the cargo and ballast having been first discharged, unless the con-
stituted health authorities of the said port shall deem such disinfection,
fumigation and discharge unnecessary.

1932 Code, § 5064; Civ. C. '22, § 2499; Civ. C. '12, § 1665; Civ. C. '02, § 1141; G. S.
948; R. S. 998; 1881 (17) 596; 1886 (19) 441; 1893 (21) 520.

5 5065. Vessels at quarantine on first of November. — All vessels and per-
sons remaining at quarantine on the first day of November, shall there-
after be subject to such quarantine and restrictions as vessels and persons
arriving on and after that day.

1932 Code, § 5065; Civ. C. '22, § 2500; Civ. C. '12, § 1666; Civ. C. '02, § 1142; G. S
949; R. S. 999; 1868 (16) 113, § 3.

§ 5066. Infected and foreign vessels arriving after first of November — pas-
sengers to be vaccinated. — All vessels arriving on and after the first day of
November, having had, during the voyage, a case of smallpox, cholera, or
typhus, or infectious or contagious disease, and every vessel from a for-
eign port having passengers, and not hereinbefore declared subject to
quarantine, shall, on her arrival, be anchored at quarantine ground, and
be visited by the quarantine officer or his deputies, but shall not be de-
tained beyond the time requisite for due examination, unless she shall
have had on board during the voyage some case of smallpox, typhus, or
other infectious or contagious disease, in which case she shall be subject to
such quarantine as the quarantine officer or his deputies shall prescribe.
And it shall be the duty of the quarantine officer or his deputies, when-
ever necessary for the public health, to cause the persons on board of any

Page 235 Quarantine of Vessels § 5071

vessel to be vaccinated.

1932 Code, § 5066; Civ. C. '22, § 2501; Civ. C. '12, § 1667; Civ. C. '02, § 1143; G. S-
950; R. S. 1000; 1869 (14) 210, § 2.

§ 5067. Vessels ai wharves with passengers and cargo may be ordered lo
quarantine ground. — The quarantine officer, intendant and wardens, or the
mayor and alderman, as the case may be, and in the port of Charleston
the harbor commission, whenever, in their judgment the public health
shall require, may order any vessel at the wharves of either of said ports,
or in their vicinity, to the quarantine ground or other place of safety, and
may require all persons, articles, or things introduced into said ports from
such vessels to be seized, returned on board, or removed to the quarantine
ground or other place. If the master, owner or consignee of the vessel, can-
not be found, or shall refuse or neglect to obey the order of removal, the
quarantine officer, intendant and wardens, or mayor and alderman, and
in the port of Charleston the harbor commission, as the case may be, shall
have power to cause such removal, at the expense of such master, owner,
or consignee, and such vessel or person shall not return to the port with-
out the written permission of the quarantine officer.

1932 Code, § 5067; Civ. C. '22, § 2502; Civ. C. '12, § 1668; Civ. C. '02, § 1144; G. S.
951; R. S. 1001; 1868 (14) 113, § 4.

§ 5068. Vessels bound north, after examination, may pass on their voyage.

— If any vessel arriving at the quarantine ground, subject to quarantine,
shall be bound to some port north of either of said ports, the health officer,
after having duly visited and examined her, may permit her to pass on
her voyage; but no such vessel shall be brought to anchor off either of
said ports, nor shall any of her crew or passengers land in or hold any
communication with either of said ports, or any person therefrom.

1932 Code, § 5068; Civ. C. '22, § 2503; Civ. C. '12, § 1669; Civ. C. '02, § 1145; G. S.
S52; R. S. 1002; 1868 (14) 113, § 5.

§ 5069. Vessels released from quarantine to deliver permit to city au-
thorities. — The master of every vessel released from quarantine and arriv-
ing at a wharf in either of said ports shall, within twenty-four hours after
such release, deliver the permit of the quarantine officer at the office of the
mayor or intendant, as the case may be.

1932 Code, § 5069; Civ. C. '22, § 2504; Civ. C. '12, § 1670; Civ. C. '02, § 1146; G. S.
953; R. S. 1003; 1868 (14) 113, § 6.

§ 5070. Vessels arriving at quarantine may return to sea. — Nothing in this
article shall prevent any vessel arriving at quarantine from again going
to sea before breaking bulk.

1932 Code, § 5070; Civ. C. '22, § 2505; Civ. C. '12, § 1671; Civ. C. '02, § 1147; G. S.
954; R. S. 1004; 1868 (14) 113, § 7.

§ 5071. Pilots to ascertain whether incoming vessels are subject to exam-
ination. — It shall be the duty of each pilot belonging to either of the said
ports to use his utmost endeavors to hail every vessel he shall discover
entering the port, and to interrogate the master of such vessel in refer-
ence to all matters necessary to enable such pilot to determine whether,
according to the provisions of the preceding sections, such vessel is sub-
ject to quarantine or examination by the quarantine officer.

§ 5071 Civil Code Page 236

1932 Code. § 5071; Civ. C. '22, § 2506; Civ. C. '12, § 1672; Civ. C. '02, § 1148; G. S.
955; R. S. 1005; 1868 (14) 113, § 8.

§ 5072. Pilots to notify vessels subject to examination to proceed to quar-
antine anchorage. — If, from the answers obtained to such inquiries, it shall
appear that such vessel is subject to quarantine or examination by the
quarantine officer, according to the preceding sections, the pilot shall im-
mediately give notice to the master of the vessel that he, his vessel, his
cargo, crew, and passengers, are subject to such examination, and that he
must proceed and anchor said vessel at the quarantine anchorage, there to
await the further directions of the quarantine officer.

1932 Code, § 5072; Civ. C. '22, § 2507; Civ. C. '12, § 1673; Civ. C. '02, § 1149; G. S.
956; R. S. 1006; 1868 (14) 113, § 9.

§ 5073. Duties of pilots relative to vessels under their charge and subject
to quarantine. — It shall be the duty of every pilot who shall conduct into
port a vessel subject to quarantine or examination by the quarantine of-
ficer: (1) to bring such vessel to anchor within the buoys marking the
quarantine anchorage. (2) To prevent any vessel or boat from coming
alongside of the vessel under his charge, and to prevent anything on board
from being transferred to or thrown into any other vessel or boat. (3) To
present to the master of the vessel a printed copy of this article, when such
copy shall have been delivered to him for that purpose. (4) To take care
that no violations of this article be committed by any person, and to re-
port such as shall be committed, as soon as may be, to the quarantine of-
ficer. (5) To subject himself to such detention and delay, and cleansing
and purification, as to his person and clothing, as shall be prescribed by
the quarantine officer, after having boarded or brought to the quarantine
ground any vessel subject to quarantine.

1932 Code, § 5073; Civ. C. '22, § 2508; Civ. C. '12, § 1674; Civ. C. '02, § 1150; G. S.
957; R. S. 1007; 1868 (14) 113, § 10.

§ 5074. Duty of quarantine officer to board vessel and report to municipal
authorities. — It shall be the duty of the quarantine officer to board every
vessel subject to quarantine or visitation by him immediately on her ar-
rival, between sunrise and sunset; to inquire as to the health of all persons
on board, and the condition of the vessel and cargo, by inspection of the
bill of health, manifest, log book, or otherwise; to examine, on oath, as
many and such persons on board as he may judge expedient to enable him
to determine the period of quarantine and the regulations to which such
vessels shall be made subject, and report the facts and his conclusions, and
especially to report the number of persons sick, and the nature of the dis-
ease with which they are afflicted, to the mayor or intendant, in writing.

1932 Code, § 5074; Civ. C. '22, § 2509; Civ. C. '12, § 1675; Civ. C. '02, § 1151; G. S.
958; R. S. 1008: 1868 (14) 114, § 11.

§ 5075. Quarantine officer to reside near quarantine grounds — powers. —

It shall be the duty of the quarantine officer to reside within or near the
quarantine ground; and he shall have power: (1) to remove from the
quarantine anchorage ground any vessel he may deem dangerous to the
public health, to any place south or east of the quarantine ground, inside
the bar. (2) To cause any vessel under quarantine, when he shall judge it
necessary for the purifiation of the vessel or her cargo, passengers, or crew,

Page 237 Quarantine of Vessels § 5079

or either of them, to discharge or land the same at the quarantine ground.

(3) To cause any such vessel or cargo, bedding, and the clothing of persons
on board, to be ventilated, cleansed and purified in such manner, and dur-
ing such time, as he shall direct; and, if he shall judge necessary to pre-
vent infection or contagion, to destroy any portion of such bedding or
clothing; and, with the concurrence of the mayor or intendant, any por-
tion of such cargo which may be deemed incapable of purification. (4) To
prohibit and prevent all persons arriving in vessels subject to quarantine
from leaving quarantine, or removing their goods or baggage therefrom,
until fifteen days after the last case of pestilential, contagious, or infec-
tious disease shall have occurred on board, and ten days after her arrival
at quarantine, unless sooner discharged by him. (5) To permit the cargo
of any vessel under quarantine, or any portion thereof, when he shall judge
the same free from infection and contagion, to be conveyed to the landing.

(6) To cause all persons under quarantine to be vaccinated, when he deems
it necessary for the preservation of the public health. (7) To administer
oaths and take affidavits in all examinations prescribed by this chapter,
and in relation to any alleged violation of quarantine law or regulation;
such oaths to have the like validity and effect as oaths administered by a
magistrate.

1932 Code, § 5075; Civ. C. '22. § 2510; Civ. C. '12, § 1676; Civ. C. '02, § 1152; G. S.
959; R. S. 1009; 1868 (14) 114, § 12.

§ 5076. Quarantine officer may direct arrest of person eloping or violat-
ing quarantine. — The quarantine officer may direct, in writing, any sheriff
or constable to pursue and apprehend any person, not discharged, who
shall elope from quarantine, or who shall violate any quarantine law or
regulation, or who shall obstruct the health officer in the performance of
his duty, and to deliver him to said officer, to be detained at quarantine
until discharged by said officer; but such confinement shall in no case ex-
ceed ten days. It shall be the duty of the sheriff or constable so directed
to obey such direction.

1932 Code, § 5076; Civ. C. '22, § 2511; Civ. C. '12, § 1677; Civ. C. '02, § 1153; G. S.
960; R. S. 1010; 1868 (14) 114, § 13.

§ 5077. Quarantine vessels distinguished. — Every vessel during her quar-
antine shall be designated by colors to be fixed in a conspicuous part of
her main shrouds.

1932 Code, § 5077; Civ. C. '22, § 2512; Civ. C. '12, § 1678; Civ. C. '02, § 1154; G. S.
961; R. S. 1011; 1868 (14) 114, § 14.

§ 5078. Boats passing through range of quarantined vessels or landing at
quarantine ground forbidden. — No vessel or boat shall pass through the
range of vessels lying at quarantine, or land at the quarantine grounds,
without the permission of the health officer.

1932 Code. § 5078: Civ. C. '22, § 2513; Civ. C. '12, § 1679; Civ. C. '02, § 1155; G. S.
962; R. S. 1012; 1868 (14) 114, § 15.

§ 5079. Lighters not to unload quarantined vessels. — No lighter shall be
employed to load or unload vessels at quarantine without permission of
the quarantine officer, and subject to such restrictions and regulations as
he shall impose.

1932 Code, § 5079; Civ. C. '22, § 2514; Civ. C. '12, § 1680; Civ. C. '02. § 11^6; O. S
963; R. S. 1013; 1868 (14) 114, § 16.

§ 5080 Civil Code Page 238

§ 5080. Passengers to be maintained by master of vessel during quaran-
tine. — All persons being on board of vessels under quarantine shall be pro-
vided for by the master of the vessel in which they shall have arrived; and
if the master shall omit or refuse to provide for them, or they shall have
been sent on shore by the quarantine officer, they shall be maintained at
the expense of such vessel, her owners, consignees, and each and every one
of them; and the quarantine officer shall not permit such vessel to leave
quarantine until such expenses shall have been repaid or secured; and the
said quarantine officer shall have an action against such vessel, her own-
ers and consignees, and each and every one of them, for such expenses,
which shall be a lien on such vessel, and as such may be enforced as other
liens on vessels.

1932 Code, § 5080; Civ. C. '22, § 2515; Civ. C. '12, § 1681; Civ. C. '02, § 1157; G. S
964; R. S. 1014; 1868 (14) 114, § 17.

§ 5081. Criminal passengers may be confined on shores — expense of main-
tenance defrayed by vessel. — The quarantine officer, upon the application
of the master of any vessel under quarantine, may confine in any suitable
place on shore any person on board of such vessel charged with having
committed an offense punishable by the laws of this State or the United
States, and who cannot be secured on board of such vessel; and such con-
finement may continue during the quarantine of such person, or until he
shall be proceeded against in due course of law; and the expense thereof
shall be charged and collected as in the last preceding section.

1932 Code, § 5081; Civ. C. '22, § 2516; Civ. C. '12, § 1682; Civ. C. '02, § 1158; G. S.
965; R. S. 1015; 1868 (14) 114, § 18.

§ 5082. Appeal from quarantine officer to board of appeal. — Any person
aggrieved by any decision, order, or direction of the quarantine officer, may
appeal therefrom to the Governor, attorney general, and comptroller gen-
eral, who shall constitute a board of appeal; the said board shall have
power to affirm, reverse, or modify the decision, order, or direction ap-
pealed from, and the decision of the board thereon shall be final.

1932 Code, § 5082; Civ. C. '22, § 2517; Civ. C. '12, § 1683; Civ. C. '02, § 1159; G. S
S66; R. S. 1016; 1868 (14) 114, § 19.

§ 5083. Appeal — how made and prosecuted. — An appeal to the board of
appeal must be made by serving upon the quarantine officer a written no-
tice of such appeal within twelve hours after (Sundays excepted) the ap-
pellant receives notice of the order, decision, or direction complained of.
Within twelve hours after the quarantine officer receives such notice (Sun-
days excepted) he shall make a return, in writing, including the facts on
which his order, decision, or direction was founded, to the Governor, who
shall immediately call a meeting of the board of appeal, and shall be presi-
dent of said board; and said appeal shall be heard and decided within
twenty-four hours thereafter (Sundays excepted) ; and, until such deci-
sion is made, the order, decision, or direction complained of except it re-
fer to the detention of a vessel, her cargo, or passengers at quarantine,
shall be suspended.

1932 Code, § 5083; Civ. C. '22, § 2518; Civ. C. '12, § 1684; Civ. C. '02, § 1160; G. S.
967; R. S. 1017; 1868 (14) 114, § 20.

§ 5084. Health officer may enforce orders — expense to be a lien on vessel.

Page 239 Quarantine of Vessels § 5088

— Whenever the said quarantine officer, in the performance of the duties
and in the execution of the powers imposed and conferred upon him by
law, shall order or direct the master, owner, or consignee of any vessel un-
der quarantine, to remove such vessel from her anchorage, or to any per-
son or thing on board thereof, or which shall have been brought to said
port therein, and said master, owner, or consignee shall neglect or refuse
to comply with such order or direction, the said quarantine officer shall
have power to employ such persons and assistants as may be necessary to
carry out and enforce such order or direction, and the person so employed
shall have a lien on such vessel, her tackle, apparel, and furniture, for
their services and expenses.

1932 Code, § 5084; Civ. C. '22, § 2519; Civ. C. '12, § 1685; Civ. C. '02, § 1161; G. S.
968; R. S. 1018; 1868 (14) 116, § 21.

§ 5085. Sanitary inspectors — when and by whom appointed. — The Gov-
ernor is authorized, upon the advice and recommendation of the chairman
of the state board of health, to appoint sanitary inspectors whenever any
contagious or infectious disease shall appear or become epidemic in this
State or any other State directly connected with this State by land or water
transportation.

1932 Code, § 5085; Civ. C. '22, § 2520; Civ. C. '12, § 1686; Civ. C. '02, § 1162; G. S.
970-a; R. S. 1020; 1889 (20) 370.

§ 5086. Duty and powers of sanitary inspectors. — The duty of such sani-
tary inspectors shall be, under the direction and control of the state board
of health or its proper officers, to inspect railroad cars, vessels or other
conveyances, and they are empowered to stop and detain such cars, ves-
sels or other conveyances, and any or all passengers, baggage and freight,
when deemed expedient, and to have such cars, vessels or other convey-
ances, baggage or freight disinfected or destroyed if necessary to prevent
the spread of disease. And the said sanitary inspectors are hereby consti-
tuted officers to administer oaths and to arrest all persons violating the
sanitary laws of the State or interfering with and hindering them in the
discharge of their duties.

1932 Code. § 5086; Civ. C. '22, § 2521; Civ. C. '12, § 1687; Civ. C. '02, § 1163; G. S.
970-b; R. S. 1021; 1889 (20) 370.

§ 5087. Appropriation to pay expenses. — The expenses for carrying out
the provisions of the preceding section shall be provided for by a contin-
gent fund of three thousand dollars, which shall be administered by the
state board of health and disbursed on the order of the chairman of said
board, countersigned by the Governor.

1932 Code, § 5087; Civ. C. '22, § 2522; Civ. C. '12, § 1688; Civ. C. '02, § 1164; G. S.
970-c; R. S. 1022; 1889 (20) 370.

§ 5088. Governor may, by proclamation, declare place infected, etc. — The

Governor may issue his proclamation declaring any place where there
shall be reason to believe a pestilential, contagious or infectious disease
exists or may exist to be an infected place within the meaning of this ar-
ticle and may make such regulations as may be necessary in order to pre-
vent the entrance or spread of Asiatic cholera into or in this State.

1932 Code, § 5088; Civ. C. '22, § 2523; Civ. C. '12, § 1689; Civ. C. '02, § 1165; G. S.
971; R. S. 1023: 1865 (13) 307; 1868 (14) 113. § 23.

§ 5089 Civil Code Page 240

§ 5089. When effect of proclamation of infection to cease — how time ex-
tended. — Such proclamation shall fix the period when it shall cease to have
such effect; but such period, if he shall judge the public health to require
it, may from time to time be extended, and notice of the same shall be
published in all the newspapers of said port.

1932 Code, § 5089; Civ. C. '22, § 2524; Civ. C. '12, § 1690; Civ. C. 02, § 1166; G. S.
972; R. S. 1024; 1868 (14) 116, § 24.

§ 5090. Vessels from infected places subject to quarantine. — After such
proclamation shall have been issued, all vessels arriving in either of the
said ports from such infected place shall, together with their officers,
crews, passengers and cargoes, be subject to all the provisions, regulations
and penalties of this article in relation to vessels subject to quarantine;
but such quarantine shall not extend beyond the period when such proc-
lamation shall cease to have effect, as provided by section 5089.

1932 Code, § 5090; Civ. C. '22, § 2525; Civ. C. '12, § 1691; Civ. C, '02, § 1167; G. S.
973; R. S. 1025; 1868 (14) 116, § 25.

§ 5091. "Quarantine officer" to mean quarantine officer or his deputies —
must be physicians. — Whenever the words "Quarantine Officer" occur in
this article, they shall be understood to mean quarantine officer or his
deputies; provided, that said deputies shall in all cases be graduates of a
regular medical school.

1932 Code, § 5091; Civ. C. '22, § 2526; Civ. C. '12, § 1692; Civ. C. '02, § 1168; G S.
978; R. S. 1026; 1869 (14) 210, § 1.

§ 5092. When quarantine officer may employ force. — The officer or officers
who may be intrusted with the execution of the quarantine laws are au-
thorized and directed, in case of a violation or attempt to violate any of
the said laws, to board, by force of arms, any vessel used in such violation
or attempt to violate, and to detain her and her crew and passengers.

1932 Code, § 5092; Civ. C. '22, § 2527; Civ. C. '12, § 1693; Civ. C. '02, § 1169; G. S.
980; R. S. 1027; 1809 (5) 508, § 1.

§ 5093. May fire upon vessel violating laws. — Any vessel which shall be
restrained under quarantine laws and shall attempt to violate the same
may be fired upon, and detained by force of arms.

1932 Code, § 5093; Civ. C. '22, § 2528; Civ. C. '12, § 1694; Civ. C. '02, § 1170; G. S.
£81; R. S. 1028; 1809 (5) 508, § 3; 1832 (6) 473, § 7.

§ 5094. Boats and armed men may be employed by the Governor to en-
force laws. — When the Governor may deem it necessary, he shall at the
expense of the State, hire and employ boats and small craft, and a suffi-
cient number of able men, well armed, to be stationed wherever he may
think fit, and to act under his directions, in order to enforce obedience to
the laws of this State requiring the performance of quarantine, and also
to arm such men, if requisite, with any firearms belonging to this State.

1932 Code, § 5094; Civ. C. '22, § 2529; Civ. C. 12, § 1695; Civ. C. '02, § 1171; G. S.
982; R. S. 1029; 1797 (5) 310.

§ 5095. Harbor commission of Charleston harbor — authority. — The har-
bor commission shall control all quarantine stations and buildings in
Charleston harbor, shall designate and fix the location thereof, and shall
make such regulations respecting the same as will secure the thorough

Page 241

Hotels and Restaurants

§ 5097

and complete enforcement of the quarantine laws of the State, in no way,
however, limiting or encroaching upon the powers and duties of the state
board of health.

Ib32 Code. § 5095: Civ. C. '22, § 2530; Civ. C. '12, § 1696; Civ. C. '02, § 1172; G. S.
983; R. S. 1031; 1880 (17) 39a.

§ 5096. Quarantine charges. — The following uniform schedule of charges
is hereby adopted for quarantine dues at all ports of the State, the amount
collected to be expended for the more effective enforcement of quarantine
at each port, to wit: for every vessel boarded and inspected, $3; for every
vessel of 100 tons or less, fumigating and disinfecting, each process, $10;
for every vessel over 100 tons and less than 250 tons, fumigating and dis-
infecting, each process, $14; for every vessel over 250 tons and less than
500 tons, fumigating and disinfecting, each process, $20; for every vessel
over 500 tons and less than 750 tons, fumigating and disinfecting, each
process, $28; for every vessel over 750 tons and less than 1,000 tons, fumi-
gating and disinfecting, each process, $34: for every vessel over 1,000 tons
and less than 1,250 tons, fumigating and disinfecting, each process $40;
for every vessel over 1,250 tons, fumigating and disinfecting, according to
tonnage of vessel, each process, 344 to $68: except, that in every port in
this State where the Holt system of marine sanitation is in use the follow-
ing charges shall be enforced, to wit: inspection fees — for every schooner
or brig, $8; for every bark, $10; for every steamship or ship, $15. Fumiga-
tion and disinfection fees — for every schooner under 500 tons, a sum not
exceeding $50; for every bark or brig over 500 tons, a sum not exceeding
$60; for every steamship or ship under 1,000 tons, a sum not exceeding $75;
for every steamship or ship over 1,000 tons, a sum not exceeding $100. In
all cases the quarantine officer will collect the charges made against ves-
sels before giving permission to leave quarantine either by captain's draft
on consignee or in currency, and shall return the same to the board
charged with the administration of the quarantine at such port, who shall
be responsible for the disbursement thereof.

1932 Code, § 5096; Civ. C. '22, § 2531; Civ. C. '12, § 1697; Civ. C. '02, § 1173; G. S.
984; R. S. 1032: 1881 (17) 579; 1883 (18) 619; 1889 (20) 371.

ARTICLE 3
Hotels and Restaurants

5097. Definitions.

5098. Posting of rates by hotels.

5099. Fire extinguishers.

5100 thru 5102. Stairways and fire es-
capes.

5103 and 5104. Water closets and wash-
rooms.

5105. Cisterns and tanks.

5106. Analvsis of water.

5107. Fly screens.

5108 and 5109. Bedding.

5110. Disinfecting and airing of rooms.

5111. Towels and soap.

5112. Refrigerators and kitchens.

5113. Dishes and cooking utensils.

5114. Disposal of garbage.

5115. General sanitation.

5116. Inspection and fees.

5117 and 5118. Powers, duties and re-
ports of inspectors.

5119. Score cards.

5120. Physical examination of employees.
5121 thru 5123. Violations of require-
ments.

§ 5097. Definitions. — A hotel within the meaning of this article is an inn
or public lodging house of more than ten bedrooms where transient guests

§ 5097 Civil Code Page 242

are fed or lodged for pay in this State. The term "restaurant" as used in
this article shall include lunch counters and cafes. The term "transient
guests," within the meaning of this article, shall mean one who puts up for
less than one week at such hotel.

1932 Code, § 5097; Civ. C. '22, § 2366; 1920 (31) 860.

§ 5098. Hotels lo posl rales. — Every transient hotel shall keep posted in
a conspicuous place in the office a list of its charges for rooms, with or
without meals, in accordance with the plan or plans on which the hotel is
operated, giving the exact transient rate, and shall also keep posted in each
room the rate for that room, with or without meals, in accordance with its
plans as stated above, giving the transient rate per day and week, and the
rate for each person in the room; also the fractional part of a day: pro-
vided, no hotel shall charge a higher rate for a fractional part of a day than
for a whole day.

1932 Code, § 5098; Civ. C. '22, § 2367; 1920 (31) 860.

§ 5099. Fire extinguishers lo be provided. — Every hotel shall provide each
floor with one or more fire extinguishers of a type approved by the na-
tional board of fire underwriters, which shall be kept in good working or-
der at all times, with plain instructions thereon.
1932 Code, § 5099; Civ. C. '22, § 2368; 1920 (31) 860.

§ 5100. Slairways — fire escapes. — All hotels hereafter constructed in this
State over two stories in height and over one hundred feet in length, shall
be constructed so that there shall be at least two stairs for the use of guests
leading from the ground floor to the uppermost story, and for larger build-
ings such number as the state insurance commissioner shall designate. Ev-
ery hotel in this State over two stories in height shall be provided, with-
out delay, with permanent iron balconies with iron stairs leading from one
balcony to the other, above the ground floor, and with stairway or ladder
extending to the ground, in case such hotel is over one hundred and fifty
feet in length, and in other cases such number as may be directed by the
state insurance commissioner or agent: provided, that where said hotels
already built and are, in the opinion of the state insurance commissioner
or agent, provided with sufficient inner stairways, so located as to furnish
sufficient egress in case of fire, the aforesaid official may waive the re-
quirement for outside iron balconies and stairs. Such balconies and iron
stairs shall be constructed at the expense of the owner of said hotel: pro-
vided, that where hotels are already built where fire escapes are located so
as to go through any room, this section shall not apply: provided, that
this article not apply to private residences at which lodgers are not re-
ceived for hire.

1932 Code, § 5100; Civ. C. '22, § 2369; 1920 (31) 860.

§ 5101. Directions for reaching fire escapes. — In every hotel having fire
escapes directions for reaching the fire escape shall be kept posted at the
entrance of stairway, elevator shaft, and in each bed room above the
ground floor. From eight o'clock in the evening until six o'clock in the
morning the location and direction of the fire escapes shall be indicated
by red lights.

1932 Code, § 5101; Civ. C. '22, § 2370; 1920 (31) 860.

Page 243 Hotels and Restaurants § 5107

§ 5102. Exits from inside courts. — The owner or proprietor, manager, or
person in charge of every hotel now existing or hereafter constructed with
an inside court or light well enclosed on all sides and with sleeping rooms
or lodging apartments, the only windows of which open upon or into such
court or light well, shall provide escape from such inside court or light
well through room or rooms, or otherwise, on a level with the lowest floor
to which the light well extends.

1932 Code, § 5102; Civ. C. '22. § 2371; 1920 (31) 860.

§ 5103. Water closets — washroom. — In all cities, towns or villages where
a system of waterworks and sewerage is maintained for public use, every
hotel therein accessible to water main and sewer main shall be equipped,
within six months after the passage of this article, with suitable water
closets for the accommodation of its guests, which water closets shall be
connected and trapped by proper plumbing with such water and sewerage
systems, and there shall be some adequate means of flushing said water
closets with the water in such manner as to prevent sewer gas from aris-
ing therefrom. The wash bowls in the main washroom of such hotel must
be connected and trapped and equipped in similar manner, both as to
method and time; all such equipment to be paid for by the owner.
1932 Code, § 5103; Civ. C. '22, § 2372; 1920 (31) 860.

§ 5104. Privies. — In all towns and villages not having a system of water-
works, in cases where the water is derived from some public water supply,
shall be in the preceding section provided, shall have properly constructed
privies as approved by the state board of health, the same to be kept in
sanitary condition at all times.

1932 Code, § 5104; Civ. C. '22, § 2373; 1920 (31) 860.

See § 5041 in connection with this section.

§ 5105. Cisterns and tanks. — The proprietor of every hotel shall keep all
cisterns, tanks, and other receptacles containing standing water screened
or otherwise so covered as to prevent the entrance of flies, mosquitoes, and
other disease-carrying insects. The term "standing water" as used in this
article shall mean that which remains for ten days or more in a cistern,
tank, or other receptacle.

1932 Code, § 5105; Civ. C. '22. § 2374; 1920 (31) 860.

§ 5106. Analysis of water. — A sample of water used in every hotel and
restaurant, except in cases where the water is derived from such public
water supply, shall be sent by the proprietor to the state board of health
for analysis twice each year, with a certificate that it is the water used in
such hotel or restaurant, and if the sample is found by such analysis to be
unfit for the use that is made of the water in the hotel or restaurant, the
further use of such water shall be discontinued until permission is granted
by the said state board of health to resume the use of such water.
1932 Code, § 5106; Civ. C. '22, § 2375; 1920 (31) 860.

§ 5107. Fly screens. — The proprietor or keeper of every hotel or restau
rant shall at all times keep screened the outside doors, windows, and all
openings of the kitchen and dining room with suitable meshwire gauze.

§ 5107 Civil Code Page 244

Every hotel must have all bedroom windows screened for protection
against flies, mosquitoes, and other insects, and it shall be the duty of the
proprietor or keeper of every hotel and restaurant to use such other means
as fly paper, flytraps, etc., as may be necessary to keep their restaurant,
kitchen, and dining rooms reasonably free from flies.
1932 Code, § 5107; Civ. C. '22, § 2376; 1920 (31) 860.

§ 5108. Bedding. — All hotels shall hereafter provide each bed, bunk, cot
or other sleeping place for the use of guests with pillow slips, under and
top sheets to be sufficient width to cover the mattress thereof, and to be at
least ninety (90) inches long. All pillow slips and sheets after being used by
one guest must be washed and ironed before being used by another guest,
a clean set being furnished each succeeding guest.
1932 Code, § 5108; Civ. C. '22, § 2377; 1920,(31) 860.

See §§ 5057-11 thru 5057-22.

§ 5109. Bedding to be clean and free of vermin. — All beds, bedclothing,
mattresses and pillows shall always be kept clean and free of vermin.
1932 Code, § 5109; Civ. C. '22, § 2378; 1920 (31) 860.

§ 5110. Fumigation and airing of rooms. — Every room after being occu-
pied by anyone known or suspected to be suffering from tuberculosis, diph-
theria, or other contagious disease, must be thoroughly disinfected as pre-
scribed by the state board of health before further occupancy, and every
room after being occupied by anyone known or suspected to be suffering
from measles or whooping cough must be thoroughly aired for twenty-
four (24) hours before subsequent occupancy.
1932 Code, § 5110; Civ. C. '22, § 2379; 1920 (31) 860.

5 5111. Towels and soap. — All hotels shall furnish each guest with a clean
towel and individual soap; and the use of the roller or other towels used
in common is hereby prohibited in all hotels and restaurants.
1932 Code, § 5111; Civ. C. '22, § 2380; 1920 (31) 860.

§ 5112. Refrigerators — kitchens. — The refrigerator, ice box and cold stor-
age rooms of all hotels or restaurants must be kept free from foul and
unpleasant odors, mold and slime. The kitchen must be well lighted and
ventilated, the floor clean and the side walls and ceilings free from cob-
webs and accumulated dirt.

1932 Code, § 5112; Civ. C. '22, § 2381; 1920 (31) 860.

§ 5113. Dishes — utensils. — All dishes, tableware and kitchen utensils must
be thoroughly washed and rinsed with clean water after using; food served
to customers, when part of same has been used, must not again be served
to customers.

1932 Code, § 5113; Civ. C. '22, § 2382; 1920 (31) 860.

§ 5114. Disposal of garbage. — All garbage must be kept covered and pro-
tected from flies, in barrels or galvanized iron cans, and removed at least
twice a week.

1932 Code, § 5114; Civ. C. '22, § 2383; 1920 (31) 860.

Page 24o Hotels and Restaurants § 5119

§ 5115. Premises sanitary. — Every lodging house and every part thereof
shall at all times be kept free from filth and rubbish in or on the premises
belonging to or connected with the same. All water closets, wash basins,
bath, windows, fixtures, fittings and painted surface shall at all times be
kept clean and in good repair. The floors, walls and ceilings of all rooms,
passages and stairways must at all times be cleaned and in good repair.
1932 Code, § 5115; Civ. C. '22, § 2384; 1920 (31) 860.

§ 5116. Inspection — fees. — For the purpose of carrying out the provisions
of this article the state board of health is authorized and required to have
inspected, through its inspectors, to be by it designated therefor, all hotels
and restaurants in the State at least once a year. If, upon inspection of any
hotel or restaurant, it shall be found that this law has been fully complied
with, the secretary of the state board of health shall issue a certificate to
that effect to the person operating the same, and such certificate shall be
kept posted in plain view in some conspicuous place in said hotel or res-
taurant; provided, that for the purpose of carrying out the provisions of
this article a fee for inspection shall be collected from each hotel, lodging
house, or restaurant, according to following schedule: for each hotel or
public lodging house of ten (10) to twenty (20) rooms, three ($3.00) dol-
lars; for twenty (20) to thirty (30) rooms, five ($5.00) dollars; for thirty
(30) to forty (40) rooms, ten ($10.00) dollars; for forty (40) to sixty (60)
rooms, fifteen ($15.00) dollars; for sixty (60) to one hundred (100) rooms,
twenty ($20.00) dollars; for one hundred (100) rooms and above, twenty-
five ($25.00) dollars. For each restaurant with a seating capacity not ex-
ceeding (20), two dollars and fifty ($2.50) cents, and for each restaurant
with a seating capacity above twenty (20) , ten ($10.00) dollars.
1932 Code, § 5116; Civ. C. '22, § 2385; 1920 (31) 860; 1922 (32) 1053.

§ 5117. Reports of inspectors. — The official representative or inspector of
the state board of health shall, after inspection, make a report of the con-
dition of the hotel inspected upon blanks to be provided by the state board
of health, showing in detail the condition of the hotel with reference to
compliance with this law, which report shall be filed in the office of the
commission.

1932 Code, § 5117; Civ. C. '22, § 2386; 1920 (31) 860.

§ 5118. Powers of inspectors. — The inspectors or representatives of the
state board of health are hereby empowered and authorized to enter any
hotel at all reasonable hours to make such inspection; and it is hereby made
the duty of every person in the management or control of such hotel to
afford free access to every part of the hotel, and render all aid and assist-
ance necessary to enable the inspector to make a full, thorough, and com-
plete examination thereof; but no inspector shall violate the privacy of
any guest without his or her consent.

1932 Code, § 5118; Civ. C. '22, § 2387; 1920 (31) 860.

§ 5119. Score cards. — The representative or inspector of the state board
of health herein required to be appointed by it shall adopt the score-card
system, after each inspection of the state board of health, or inspector,
shall issue to each hotel, lodging house, or restaurant an inspection score-
cord showing the per cent, or degree of compliance with the provisions of

§ 5119 Civil Code Page 246

this article.

1932 Code, § 5119; Civ. C. '22, § 2388; 1920 (31) 860.

§ 5120. Physical examination of employees. — Before any owner or man-
ager of any such hotel, lodging house or restaurant shall receive in its em-
ploy any cook, waiter or other employee, they shall require a health card
showing that such employee has stood a physical examination by some
reputable physician and that they are free from all infectious and con-
tagious diseases and are in sound health.

1932 Code, § 5120; Civ. C. '22, § 2389; 1920 (31) 860.

§ 5121. Compliance with requirements. — It shall be the duty of the in-
spector, upon ascertaining by inspection or otherwise that any hotel is
being carried on contrary to any of the provisions of this article, to notify
the manager or proprietor in what respect it fails to comply with the law,
requiring such persons within a reasonable time to do or to cause to be
done the things necessary to make it comply with the law, whereupon such
proprietor or manager shall forthwith comply with such requirements..
1932 Code, § 5121; Civ. C. '22, § 2390; 1920 (31) 860.

§ 5122. Violation a misdemeanor — penalties — each day a separate offense.
— Any owner or manager, agent or person in charge of a hotel or restau-
rant or any other person who shall wilfully obstruct, hinder or interfere
with any inspector in the proper discharge of his duty, or who shall wil-
fully fail or neglect to comply with any of the provisions of this article,
after notice from the inspector or any other person in authority, shall be
guilty of a misdemeanor, and, upon conviction thereof, be fined not less
than twenty-five dollars nor more than one hundred dollars for each of-
fense, and each day of failure to comply with the provisions of this article
shall be a separate and distinct offense.

1932 Code, § 5122; Civ. C. '22, § 2391; Cr. C. '22, § 446; 1920 (31) 860.

§ 5123. Inspector to swear out warrants. — It shall be the duty of the in-
spector, in case he shall have knowledge of any violation of this article, to
swear out a warrant against the person offending.
1932 Code, § 5123; Civ. C. '22, § 2392; 1920 (31) 860.

ARTICLE 3-A
Tourist Camps and Road Houses

5123-1. License to operate. 5123-5. License fee.

5123-2. Application for license. 5123-6. Law enforcing officers inform as

5123-3. Issuance of license. to issuing or revoking license.

5123-4. Revoke license. 5123-7 Penalties — counties exempted.

§ 5123-1. License operate. — No person, firm or corporation shall maintain,
operate or own any tourist camp or road house, where beds or lodging are
had for hire, without first obtaining from the governing body of tne
county in which such tourist camp or road house is located, a license so to
do, which license shall be issued upon the conditions hereinafter set ou*
Provided, that in Marion and Horry Counties, in addition to the above this

Page 247 Tourist Camps and Road Houses § 5123-7

article shall also apply to dance halls and places of amusement.

1937 (40) 172; 1938 (40) 1843.

§ 5123-2. Application for license. — Application lor a license to operate,
maintain or own any such tourist camp or road house shall be made in
writing to the governing body of the county in which the license is to be
issued, and the said application shall give the name of the owner of the
property, the name of the manager or operator, the general nature of the
business proposed to be conducted, and such other information as the said
governing body may require.
1937 (40) 172.

§ 5123-3. Issuance of license. — Upon the filing of the said application, the
said governing body, shall pass upon the said application and make its
recommendation in writing to the clerk of the court of general sessions
and common pleas for the county in which the license is to be issued. If
the majority of the said governing body recommends the issuance of the
said license, then the said clerk of court shall issue the same for a period
of one (1) year, upon the payment of the license fee hereinafter prescribed.
1937 (40) 172.

§ 5123-4. Revoke license. — The governing body of any county wherein
such a license has been issued shall have the right, upon such showing as
to it may seem proper, to revoke any license issued under the terms of
this article.
1937 (40) 172.

§ 5123-5. License fee. — The license fee to be charged and collected in con-
nection with the licensing of said road houses and tourist camps shall be
ten ($10.00) dollars per annum per tourist camp or road house.
1937 (40) 172.

§ 5123-6. Law enforcing officers inform as to issuing or revoking license. —
In the issuing or the revoking of licenses herein provided for, the said
governing body may call upon the law enforcing officers within the county
for information pertinent to the issuing or the revoking of such license,
and, upon so doing, the officer or officers upon whom such requests are
made shall furnish such governing body with such information as he may
possess.

1937 (40) 172.

§ 5123-7. Penalties — counties exempted. — Any person, firm or corpora-
tion violating the provisions of section 5123-1 shall be deemed guilty of a
misdemeanor and, upon conviction, be fined the sum of not less than
twenty ($20.00) dollars nor more than one hundred ($100.00) dollars, or
imprisoned for not more than thirty (30) days in the discretion of the
court. Any person, firm or corporation violating the provisions of section
5123-1 shall commit separate offenses for each day said provisions are vio-
lated: provided, it shall not apply to Florence, Aiken, Barnwell, Lexing-
ton, Dorchester, Colleton, Sumter, Beaufort. Clarendon, Dillon, Abbeville,
Williamsburg, Hampton, Bamberg, Chesterfield, Calhoun, Anderson, Mc-
Cormick, Georgetown, Lee. Richland, Jasper and Cherokee.
1937 (40) 172; 1938 (40) 1552.

§ 5124 Civil Code Page 248

ARTICLE 4
Food and Drugs

5124 and 5125. Duties of state board of stances.

health. 5128-27. Manufacture or sell impure food

5126. Samples of analysis. or drugs.

5127. Definitions. 5128-28. Arsenate of lead, calcium arse-

5128. Adulterated articles. nate, or poisonous agricul-
5128-1 thru 5128-21. Unform Narcotic tural insecticide or fungicide

Drug Act. of a white color to be discol-

5128-25. Sale, etc., of barbiturates. ored.

5128-26. Distribution and sale of danger- 5129. Samples by purchasers of cream

ous caustic or corrosive sub- on butter-fat basis.

§ 5124. Slate board of health inspect and investigate food, drugs, liquors,
etc. — The state board of health shall take cognizance of the interests of the
public health as it relates to the sale of food, drugs, spirituous, fermented
and malt liquors, and the adulteration thereof, and make all necessary in-
quiries and investigations relating thereto, and for such purpose may ap-
point inspectors, analysts and chemists, who shall be subject to its super-
vision and removal. The said state board of health shall adopt such meas-
ures as it may deem necessary to facilitate the enforcement thereof. It
shall prepare rules and regulations with regard to the proper method of
collecting and examining drugs, articles of food, and spirituous, fermented
and malt liquors.

1932 Code, § 5124; Civ. C. '22, § 3451; Civ. C. '12, § 2390; Civ. C. '02, § 1578; 1898
(22) 804.

§ 5125. Board publish exempted articles, determine variabilities. — It shall
be the duty of the state board of health to prepare and publish from time
to time lists of the articles, mixtures or compounds declared to be exempt
from the provisions of sections 5124 to 5128, inclusive, in accordance with
section 5124. The state board of health shall from time to time fix the
limits of variability permissible in any article of food or drug, or com-
pound, the standard of which is not established by any national pharma-
copoeia.

1932 Code, § 5125; Civ. C. '22, § 3452; Civ. C. '12, § 2391; Civ. C. '02, § 1579; 1898
(22) 804.

§ 5126. Persons offering such articles for sale furnish samples for analysis.

— Every person offering or exposing for sale, or delivering to a purchaser,
any drug or article of food, or spirituous, fermented or malt liquors in-
cluded under the provisions of section 5124, shall furnish to any analyst,
or other officer or agent appointed hereunder, who shall apply to him for
the purpose and shall tender to him the value of the same, a sample suffi-
cient for the purpose of analysis of any such drug or article of food or
drink which is in his possession.

1932 Code, § 5126; Civ. C. '22, § 3453; Civ. C. '12, § 2392; Civ. C. '02, § 1580; 1898
(22) 804.

§ 5127. "Food" and "drug" defined. — The term "food" as used in section
5124 shall include every article used for food or drink by man, including
all candies, teas, coffees, and spirituous, fermented and malt liquors. The
term "drug" as used in section 5124 shall include all medicines for internal

Page 249 Food and Drugs § 5128-1

or external use.

1932 Code, § 5127; Civ. C. '22, § 3454; Civ. C. '12, § 2393; Civ. C. '02, § 1581; 1898
(22) 804.

§ 5128. Adulterated articles — state board of health may declare certain
articles exempt. — An article shall be deemed to be adulterated:

(a) What drugs deemed adulterated. — In the case of drugs:

(1) If, when sold under or by a name recognized in the United States
pharmacopoeia, it differs from the standard of strength, quality or purity
laid down therein.

(2) If, when sold under or by a name not recognized in the United
States pharmacopoeia, but which is found in some other pharmacopoeia
or other standard work on pharmacopoeia materia medica, it differs ma-
terially from the standard of strength, quality or purity laid down in such
work.

(3) If its strength or purity falls below the professed standard under
which it is sold.

(b) Adulterated food or drink. — In case of food or drink:

(1) If any substance or substances has or have been mixed with it so as
to reduce or lower or injuriously affect its quality or strength.

(2) If any inferior or cheaper substance or substances has or have been
substituted wholly or in part for the article.

(3) If any valuable constituent of the article has been wholly or in
part abstracted.

(4) If it be an imitation of, or be sold under, the name of another article.

(5) If it consists wholly or in part of a deceased, or decomposed, or
putrid, or rotten animal or vegetable substance, whether manufactured or
not, or in the case of milk, if it is the produce of a diseased animal.

(6) If it be colored or coated, or polished, or powdered, whereby dam-
age is concealed, or it is made to appear better than it really is, or of
greater value.

(7) If it contains any added poisonous ingredient, or any ingredient
which may render such article injurious to the health of the person con-
suming: provided, that the state board of health may declare from time
to time certain articles or preparations to be exempt from the provisions
of sections 5124 to 5128: and provided, further, that the provisions of sec-
tions 5124 to 5128 shall not apply to mixtures or compounds recognized as
ordinary articles of food, provided that the same are not injurious to
health, and that the articles are distinctly labeled as a mixture, stating the
components of the mixture.

(c) What deemed adulterated liquors. — In the case of spirituous, fer-
mented and malt liquors: if it contains any substance or ingredient not
normal or healthful to exist in spirituous, fermented or malt liquors or
which may be deleterious or detrimental to health when such liquors are
used as a beverage or as a medicine, and if it does not conform in respect
to strength and purity required by the laws of this State.

1932 Code, § 5128; Civ. C. '22, § 3455; Civ. C. '12, § 2394; Civ. C. '02, § 1582; 1898
(22) 804.

§ 5128-1. Uniform Narcotic Drug Act.

(1) Definitions. — The following words and phrases, as used in §§ 5128-1
thru 5128-21, shall have the following meanings, unless the context other-

§ 5128-1 Civil Code Page 250

wise requires:

(1) "Person" includes any corporation, association, co-partnership, or
one or more individuals.

(2) "Physician" means a person authorized by law to practice medi-
cine in this state and any other person authorized by law to treat sick
and injured human beings in this State and to use narcotic drugs in con-
nection with such treatment.

(3) "Dentist" means a person authorized by law to practice dentistry in
this State.

(4) "Veterinarian" means a person authorized by law to practice veteri-
nary medicine in this State.

(5) "Manufacturer" means a person who by compounding, mixing, cul-
tivating, growing, or other process, produces or prepares narcotic drugs,
but does not include an apothecary who compounds narcotic drugs to be
sold or dispensed on prescriptions.

(6) "Wholesaler" means a person who supplies narcotic drugs that he
himself has not produced nor prepared, on official written orders, but not
on prescriptions.

(7) "Apothecary" means a licensed pharmacist as denned by the laws
of this State and, where the context so requires, the owner of a store or
other place of business where narcotic drugs are compounded or dis-
pensed by a licensed pharmacist; but nothing in §§ 5128-1 thru 5128-21
shall be construed as conferring on a person who is not registered nor li-
censed as a pharmacist any authority, right, or privilege, that is not granted
to him by the pharmacy laws of this State.

(8) "Hospital" means an institution for the care and treatment of the
sick and injured, approved by the South Carolina state board of health,
as proper to be intrusted with the custody of narcotic drugs and the pro-
fessional use of narcotic drugs under the direction of a physician, dentist,
or veterinarian.

(9) "Laboratory" means a laboratory approved by the said state board
of health as proper to be intrusted with the custody of narcotic drugs and
the use of narcotic drugs for scientific and medical purposes and for the
purposes of instruction.

(10) "Sale" includes baiter, exchange, or gift, or offer therefor, and
each such transaction made by any person, whether as principal, proprie-
tor, agent, servant, or employee.

(11) "Coca leaves" includes cocaine and any compound, manufacture,
salt, derivative, mixture, or preparation of coca leaves, except derivatives
of coca leaves which do not contain cocaine, ecgonine, or substances from
which cocaine or ecgonine may be synthesized or made.

(12) "Opium" includes morphine, codine, and heroin, and any com-
pound, manufacture, salt, derivative, mixture, or preparation of opium,
but does not include apomorphine, or any of its salts.

(13) "Narcotic drugs" means coca leaves and opium and every sub-
stance neither chemically nor physically distinguishable from them, or
marihuana, commonly known as indian hemp, or any carmibus preparation.

(14) "Federal narcotic laws" means the laws of the United States re-
lating to opium, coca leaves, and other narcotic drugs.

(15) "Official written order" means an order written on a form pro-
vided for that purpose by the United States commissioner of narcotics,

Page 251 Food and Drugs § 5128-4

under any laws of the United States making provision therefor.

(16) "Dispense" includes distribute, leave with, give away, dispose of,
or deliver.

(17) "Registry number" means the number assigned to each person
registered under the federal narcotic laws.

1934 (38) 1523; 1937 (40) 166.

§ 5128-2. Acis prohibited. — It shall be unlawful for any person to manu-
facture, possess, have under his control, sell, prescribe, administer, dis-
pense, or compound any narcotic drug, except as authorized in this statute.
1934 (38) 1523.

§ 5128-3. Manufacturers and wholesalers. — No person shall manufacture,
compound, mix, cultivate, grow, or by any other process produce or pre-
pare narcotic drugs, and no person as a wholesaler shall supply the same,
without having first obtained a license so to do.
1934 (38) 1523.

§ 5128-4. Sale on written orders — use of official written orders — posses-
sion lawful. — (1) A duly licensed manufacturer or wholesaler may sell
and dispense narcotic drugs to any of the following persons, but only on
official written orders:

(a) To a manufacturer, wholesaler, or apothecary.

(b) To a physician, dentist, or veterinarian.

(d) To a person in charge of a laboratory, but only for use in that lab-
oratory for scientific and medical purposes.

(2) A duly licensed manufacturer or wholesaler may sell narcotic drugs
to any of the following persons:

(a) On a special written order accompanied by a certificate or exemp-
tion, as required by the federal narcotic laws, to a person in the employ of
the United States Government or of any state, territorial, district, county,
municipal, or insular government, purchasing, receiving, possessing, or
dispensing narcotic drugs by reason of his official duties.

(b) To a master of a ship or a person in charge of any aircraft upon
which no physician is regularly employed, for the actual medical needs of
persons on board such ship or aircraft, then not in port. Provided: such
narcotic drugs shall be sold to the master of such ship or person in charge
of such aircraft only in pursuance of a special order form approved by a
commissioned medical officer or acting assistant surgeon of the United
States public health service.

(3) An official written order for any narcotic drug shall be signed in
duplicate by the person giving said order or by his duly authorized agent.
The original shall be presented to the person who sells or dispenses the
narcotic drug or drugs named therein. In event of the acceptance of such
order by said person, each party to the transaction shall preserve his copy
of such order for a period of two years in such a way as to be readily ac-
cessible for inspection by any public officer or employee engaged in the
enforcement of §§ 2158-1 thru 2158-21. It shall be deemed a compliance

§ 5128-4 Civil Code Page 252

with this section if the parties to the transaction have complied with the
federal narcotic laws, respecting the requirements governing the use of
order forms.

(4) Possession of or control of narcotic drugs obtained as authorized by
§§ 5128-1 thru 5128-21 shall be lawful if in the regular course of business,
occupation, profession, employment, or duty of the possessor.

(5) A person in charge of a hospital or of a laboratory, or in the employ
of this State or of any other State, or of any political subdivision thereof,
and a master or other proper officer of a ship or aircraft, who obtains nar-
cotic drugs under the provisions of this section or otherwise, shall not ad-
minister, nor dispense, nor otherwise use such drugs, within this State,
except within the scope of his employment or official duty, and then only
for scientific or medicinal purposes and subject to the provisions of this
statute.

1934 (38) 1523.

§ 5128-5. Sales by apothecaries. — (a) An apothecary, in good faith, may
sell and dispense narcotic drugs to any person upon a written prescrip-
tion of a physician, dentist, or veterinarian, dated and signed by the per-
son prescribing on the day when issued and bearing the full name and
address of the patient for whom, or of the owner of the animal for which,
the drug is dispensed, and the full name, address, and registry number
under the federal narcotic laws, of the person prescribing, if he is re-
quired by those laws to be so registered. If the prescription be for an ani-
mal, it shall state the species of animal for which the drug is prescribed.
The person filling the prescription shall write the date of filling and his
own signature on the face of the prescription. The prescription shall be re-
tained on file by the proprietor of the pharmacy in which it is filled for a
period of two years, so as to be readily accessible for inspection by any
public officer or employee engaged in the enforcement of this statute. The
prescription shall not be refilled.

(b) The legal owner of any stock of narcotic drugs in a pharmacy, upon
discontinuance of dealing in said drugs, may sell said stock to a manufac-
turer, wholesaler, or apothecary, but only on an official written order.

(c) An apothecary, only upon an official written order, may sell to a
physician, dentist, or veterinarian, in quantities not exceeding one ounce
at any one time, aqueous or oleaginous solutions of which the content of
narcotic drugs does not exceed a proportion greater than twenty per cent
of the complete solution, to be used for medical purposes.

1934 (38) 1523.

§ 5128-6. Professional use of narcotic drugs. — (1) A physician or a dentist,
in good faith and in the course of his professional practice only, may pre-
scribe, administer, and dispense narcotic drugs, or he may cause the same
to be administered by a nurse or intern under his direction and super-
vision.

(2) A veterinarian, in good faith and in the course of his professional
practice only, and not for use by a human being, may prescribe, admin-
ister, and dispense narcotic drugs, and he may cause them to be adminis-
tered by an assistant or orderly under his direction and supervision.

(3) Any person who has obtained from a physician, dentist, or veteri-
narian any narcotic drug for administration to a patient during the ab-

Page 253 Food and Drugs § 5128-8

sence of such physician, dentist, or veterinarian, shall return to such phy-
sician, dentist, or veterinarian any unused portion of such drug, when it
is no longer required by the patient.
1934 (38) 1523.

§ 5128-7. Preparations exempted. — Except as otherwise in this statute
specifically provided, this statute shall not apply to the following cases:

(1) Prescribing, administering, dispensing, or selling at retail of any
medical preparation that contains in one fluid ounce, or if a solid or semi-
solid preparation, in one avoirdupois ounce, (a) not more than two grains
of opium, (b) not more than one-quarter of a grain of morphine or of any
of its salts, (c) not more than one grain of codeine or of any of its salts,

(d) not more than one-eighth of a grain of heroin or any of its salts, (e)
and not more than one of the drugs named above in clauses (a) , (b) , (c) ,
and (d).

(2) Prescribing, administering, dispensing, or selling at retail of lini-
ments, ointments, and other preparations, that are susceptible of external
use only and that contain narcotic drugs in such combinations as prevent
their being readily extracted from such liniments, ointments, or prepara-
tions, except that this statute shall apply to all liniments, ointments, and
other preparations, that contain coca leaves in any quantity or combina-
tion.

(4) Nothing in this section shall be construed to limit the kind and
quantity of any narcotic drug that may be prescribed, administered, dis-
pensed, or sold, to any person or for the use of any person or animal, when
it is prescribed, administered, dispensed, or sold, in compliance with the
general provisions of this statute.
1934 (38) 1523.

§ 5128-8. Records to be kept. — (1) Every physician, dentist, veterinarian,
or other person who is authorized to administer or professionally use nar-
cotic drugs, shall keep a record of such drugs received by him, and a rec-
ord of all such drugs administered, dispensed, or professionally used by
him otherwise than by prescription. It shall, however, be deemed a suffi-
cient compliance with this section if any such person using small quan-
tities of solutions or other preparations of such drugs for local application,
shall keep a record of the quantity, character, and potency of such solu-
tions or other preparations purchased or made up by him, and of the dates
when purchased or made up, without keeping a record of the amount of
such solution or other preparation applied by him to individual patients.
P?-ot>ided J , that no record need be kept of narcotic drugs administered, dis-
pensed, or professionally used in the treatment of any one patient, when
the amount administered, dispensed, or professionally used for that pur-
pose does not exceed in any forty-eight consecutive hours, (a) four grains
of opium, or (b) one-half of a grain of morphine or of any of its salts, or
(c) two grains of codeine or of any of its salts, or (d) one-fourth of a
grain of heroin or of any of its salts, or (e) a quantity of any other nar-
cotic drug or any combination of narcotic drugs that does not exceed in
pharmacologic potency any one of the drugs named above in the quantity
stated.

(2) Manufacturers and wholesalers shall keep records of all narcotic
drugs compounded, mixed, cultivated, grown, or by any other process pro-

§ 5128-8 Civil Code Page 254

duced or prepared, and of all narcotic drugs received and disposed of by
them, in accordance with the provisions of § 5128-5.

(3) Apothecaries shall keep records of all narcotic drugs received and
disposed of by them, in accordance with the provisions of § 5128-5.

(4) Every person who purchases for resale, or who sells narcotic drug
preparations exempted by § 5128-7 hereof, shall keep a record showing the
quantities and kinds thereof received and sold, or disposed of otherwise,
in accordance with the provisions of § 5128-5.

(5) The record of narcotic drugs received shall in every case show the
date of receipt, the name and address of the person from whom received,
and the kind and quantity of drugs received; the kind and quantity of
narcotic drugs produced or removed from process of manufacture, and
the date of such production or removal from process of manufacture; and
the record shall in every case show the proportion of morphine, cocaine,
or ecgonine contained in or producible from crude opium or coca leaves
received or produced. The record of all narcotic drugs sold, administered,
dispensed, or otherwise disposed of, shall show the date of selling, admin-
istering, or dispensing, the name and address of the person to whom, or
for whose use, or the owner and species of animal for which, sold, admin-
istered or dispensed, and the kind and quantity of drugs. Every such rec-
ord shall be kept for a period of two years from the date of the transaction
recorded. The keeping of a record required by or under the federal nar-
cotic laws, containing substantially the same information as is specified
above, shall constitute compliance with §§ 5128-1 thru 5128-21, except that
every such record shall contain a detailed list of narcotic drugs lost, de-
stroyed, or stolen, if any, the kind and quantity of such drugs, and the
date of the discovery of such loss, destruction, or theft.

1934 (38) 1523.

§ 5128-9. Labels. — (1) Whenever a manufacturer sells or dispenses a nar-
cotic drug, and whenever a wholesaler sells and dispenses a narcotic drug
in a package prepared by him, he shall securely affix to each package in
which that drug is contained a label showing in legible English the name
and address of the vender and the quantity, kind, and form of narcotic
drug contained therein. No person except an apothecary for the purpose
of filling a prescription under this act, shall alter, deface, or remove any
label so affixed.

(2) Whenever an apothecary sells or dispenses any narcotic drug on a
prescription issued by a physician, dentist, or veterinarian, he shall affix
to the container in which such drug is sold or dispensed, a label showing
his own name, address, and registry number, or the name, address, and
registry number of the apothecary for whom he is lawfully acting; the
name and address of the patient or, if the patient is an animal, the name
and address of the owner of the animal and the species of the animal; the
name, address, and registry number of the physician, dentist, or veterina-
rian, by whom the prescription was written; and such directions as may be
stated on the prescription. No person shall alter, deface, or remove any
label so affixed.
1934 (38) 1523.

§ 5128-10. Authorized possession of narcolic drugs by individuals. — A per-
son to whom or for whose use any narcotic drug has been prescribed, sold,

Page 255 Food and Drugs § 5128-13

or dispensed, by a physician, dentist, apothecary, or other person author-
ized under the provisions of section 5128-4, and the owner of any animal
for which any such drug has been prescribed, sold, or dispensed, by a vet-
erinarian, may lawfully possess it only in the container in which it was
delivered to him by the person selling or dispensing the same.
1934 (38) 1523.

§ 5128-11. Persons and corporations exempted. — (1) The provisions of this
statute restricting the possessing and having control of narcotic drugs
shall not apply to common carriers or to warehousemen, while engaged in
lawfully transporting or storing such drugs, or to any employee of the
same acting within the scope of his employment; or to public officers or
employees in the performance of their official duties requiring possession
or control of narcotic drugs; or to temporary incidental possession by em-
ployees or agents of persons lawfully entitled to possession, or by persons
whose possession is for the purpose of aiding public officers in performing
their official duties.
1934 (38) 1523.

§ 5128-12. Common nuisances. — Any store, shop, warehouse, dwelling
house, building, vehicle, boat, aircraft, or any place whatever, which is
resorted to by narcotic drug addicts for the purpose of using narcotic
drugs or which is used for the illegal keeping or selling of the same, shall
be deemed a common nuisance. No person shall keep or maintain such
common nuisance.
1934 (38) 1523.

§ 5128-13. Narcotic drugs to be delivered to state officials, etc. — All nar-
cotic drugs, the lawful possession of which is not established or the title
to which cannot be ascertained, which have come into the custody of a
peace officer, shall be forfeited, and disposed of as follows: (a) except as
in §§ 5128-1 thru 5128-21 otherwise provided, the court or magistrate hav-
ing jurisdiction shall order such narcotic drugs forfeited and destroyed. A
record of the place where said drugs were seized, of the kinds and quan-
tities of drugs so destroyed, and of the time, place, and manner of destruc-
tion, shall be kept, and a return under oath, reporting said destruction,
shall be made to the court or magistrate and to the United States commis-
sioner of narcotics, by the officer who destroys them, (b) Upon written
application by the said state board of health, the court or magistrate by
whom the forfeiture of narcotic drugs has been decreed may order the
delivery of any of them, except heroin and its salts and derivatives, to said
state board of health for distribution or destruction, as hereinafter pro-
vided, (c) Upon application by any hospital within this State, not op-
erated for private gain, the said state board of health may in its discre-
tion deliver any narcotic drugs that have come into its custody by au-
thority of §§ 5128-1 thru 5128-21 to the applicant for medicinal use. The
said state board of health may from time to time deliver excess stocks of
such narcotic drugs to the United States commissioner of narcotics, or
shall destroy the same, (d) The said state board of health shall keep a full
and complete record of all drugs received and for all drugs disposed of,
showing the exact kinds, quantities, and forms of such drugs; the persons
from whom received and to whom delivered; by whose authority received,

§ 5128-13 Civil Code Page 256

delivered, and destroyed; and the dates of the receipt, disposal, or destruc-
tion, which record shall be open to inspection by all federal and state of-
ficers charged with the enforcement of federal and state narcotic laws.
1934 (38) 1523.

§ 5128-14. Send notice of conviction lo licensing board — suspend license —
reinstatement. — On the conviction of any person of the violation of any pro-
vision of this statute, a copy of the judgment and sentence, and of the
opinion of the court or magistrate, if any opinion be filed, shall be sent by
the clerk of the court, or by the magistrate, to the board or officer, if any,
by whom the convicted defendant has been licensed or registered to prac-
tice his profession or to carry on his business. On the conviction of any
such person, the court may, in its discretion, suspend or revoke the license
or registration of the convicted defendant to practice his profession or to
carry on his business. On the application of any person whose license or
registration has been suspended or revoked, and upon proper showing and
for good cause, said board or officer may reinstate such license or regis-
tration.

1934 (38) 1523.

§ 5128-15. Records confidential. — Prescriptions, orders, and records, re-
quired by §§ 5128-1 thru 5128-21, and stocks of narcotic drugs, shall be
open for inspection only to federal, state, county and municipal officers,
whose duty it is to enforce the laws of this State or of the United States
relating to narcotic drugs. No officer having knowledge by virtue of his
office of any such prescription, order, or record shall divulge such knowl-
edge, except in connection with a prosecution or proceeding in court or
before a licensing board or officer, to which prosecution or proceeding the
person to whom such prescriptions, orders, or records relate is a party.
1934 (38) 1523.

§ 5128-16. Fraud or deceit. — (1) No person shall obtain or attempt to ob-
tain a narcotic drug, or procure or attempt to procure the administration
of a narcotic drug, (a) by fraud, deceit, misrepresentation, or subterfuge;
or (b) by the forgery or alteration of a prescription or of any written or-
der; or (c) by the concealment of a material fact; or (d) by the use of a
false name or the giving of a false address.

(2) Information communicated to a physician in an effort unlawfully
to procure a narcotic drug, or unlawfully to procure the administration of
any such drug, shall not be deemed a privileged communication.

(3) No person shall wilfully make a false statement in any prescrip-
tion, order, report, or record, required by this statute.

(4) No person shall, for the purpose of obtaining a narcotic drug, falsely
assume the title of, or represent himself to be, a manufacturer, whole-
saler, apothecary, physician, dentist, veterinarian, or other authorized
person.

(5) No person shall make or utter any false or forged prescription or
written order.

(6) No person shall affix any false or forged label to a package or re-
ceptacle containing narcotic drugs.

(7) The provisions of §§ 5128-1 thru 5128-21 shall apply to all transac-
tions relating to narcotic drugs under the provisions of § 5128-7 in the

Page 257 Food and Drugs § 5128-25

same way as they apply to transactions under all other sections.
1934 (38) 1523.

§ 5128-17. Exceptions and exemptions not required to be negatived. — In

any complaint, information, or indictment, and in any action of proceed-
ing brought for the enforcement of any provision of this statute, it shall
not be necessary to negative any exception, excuse, proviso, or exemption,
contained in this statute, and the burden of proof of any such exception,
excuse, proviso, or exemption, shall be upon the defendant.
1934 (38) 1523.

§ 5128-18. Enforcement and cooperation. — It is hereby made the duty of
the said state board of health, its officers, agents, inspectors, and repre-
sentatives, and of all peace officers within the State, and of all county at-
tornej's, to enforce all provisions of this statute, except those specifically
delegated, and to cooperate with all agencies charged with the enforce-
ment of the laws of the United States, of this State, and of all other States,
relating to narcotic drugs.
1934 (38) 1523.

§ 5128-19. Penalties. — Any person violating any provision of this statute
shall upon conviction be punished, for the first offense, by a fine not ex-
ceeding five hundred ($500.00) dollars, or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment, in the discretion
of the court; and for any subsequent offense by a fine of not exceeding two
thousand ($2,000.00) dollars, or by imprisonment not exceeding two (2)
years, or by both such fine and imprisonment, in the discretion of the court.
1934 (38) 1523.

§ 5128-20. Effect of acquittal or conviction under federal narcotic laws. —

No person shall be prosecuted for a violation of any provision of this
statute if such person has been acquitted or convicted under the federal
narcotic laws of the same act or omission which, it is alleged, constitutes
a violation of this statute.
1934 (38) 1523.

§ 5128-21. Interpretation — uniform narcotic drug law. — This statute shall
be so interpreted and construed as to effectuate its general purpose, to
make uniform the laws of those States which enact it. This statute may be
cited as the Uniform Narcotic Drug Law.
1934 (38) 1523.

§ 5128-25. Sale, barter, exchange, giving or possessing of barbiturates.

(1) Prescription necessary — packaging — acts misdemeanor. — Any person,
firm or corporation selling, bartering, exchanging or giving away any of
that general class of synthetic drugs commonly known as barbiturates or
their compounds except upon the written prescription of a licensed phy-
sician, or the prescription of a person authorized to prescribe narcotic
drugs, shall be deemed guilty of a misdemeanor. Any person so dispensing
such drugs or their compounds upon such prescription shall upon so dis-
pensing same place same in a container with the name and address of the
person prescribing same and the name and address of the person, firm or
corporation dispensing same plainly printed or written thereon, and any

III.-S.C-9

§ 5128-25 Civil Code Page 258

person dispensing such drugs or their compounds without so doing shall
be deemed guilty of a misdemeanor. Any person other than a licensed
physician, licensed dentist, licensed veterinarian or person authorized to
prescribe narcotic drugs who shall be found in possession of such syn-
thetic drugs, or their compounds without being in a container upon which
the name and address of the person prescribing same and 'or without the
name and address of the person, firm or corporation dispensing same shall
be deemed guilty of a misdemeanor. Provided, that compounds contain-
ing not more than one-fourth (V-i) of the standard dose of barbituric acid
preparation which in combination with active medicinal ingredient or in-
gredients the activity of which will preclude the use of the compound to
obtain the full effect of the barbituric acid preparation shall be exempt
from the provision of this section. "Standard dose", as used herein shall be
such as is listed in the "Pharmacopoeia", and if not listed in the "Pharma-
copoeia", then as listed in the book "New and Non-Official Remedies", and
if not listed in either the "Pharmacopoeia" or the "New and Non-Official
Remedies", then a standard dose shall be the average dose recommended
by the manufacturer of the compound: provided further, that nothing
hereing contained shall prevent the selling, bartering, exchanging, or giv-
ing away of barbiturates, or barbiturate compounds, to retail or wholesale
druggists, licensed physicians, licensed dentists and licensed veterinarians,
without such written prescription; provided, further, that nothing in this
section shall be construed to prohibit or limit licensed physicians, licensed
dentists, and licensed veterinarians from dispensing barbiturates and bar-
biturate compounds in the regular course of their practice, except, how-
ever, upon any such barbiturate or barbiturate compound being dispensed
by a licensed physician, licensed dentist or licensed veterinarian, so much
of such barbiturate or barbiturate compound not to be consumed in the
presence of such person so dispensing same shall be placed in a container
in the manner as provided hereinabove.

(2) Relain prescriptions for 3 years. — Any person, firm or corporation
selling, bartering, exchanging or giving away barbiturates or barbiturate
compound, upon a prescription as herein required, shall retain such pre-
scription for a period of three (3) years from the date of receiving same
and exhibit same to the state board of health, or any officer or employee
thereof, upon demand.

(3) Enforcement. — It shall be the duty of the state board of health to su-
pervise the enforcement of this section and, in so doing, shall at least once
every twelve (12) months require retail and wholesale druggists in this
State to submit to it, under oath, statements showing the amount of barbi-
turates and barbiturate compounds not exempt by this section received
and disposed of by them during some specified time. Said statements may
also include such other information as said board deems advisable in aid-
ing it to carry out the provisions, purposes and intents of this section. Said
board of health, its officers and agents, shall at all times have access to
the books and records of such druggist to the end that it may be ascer-
tained that such statements are true. Any person, firm or corporation will-
fully refusing to give the required information requested by the state
board of health or to give it, its officers and agents, access to their books
and records, as above required, shall be deemed guilty of a misdemeanor.

(4) Penalties. — Any person found guilty of a misdemeanor under the pro-

Page 259 Food and Drugs § 5128-26

visions of this section shall be punished by a fine not exceeding five hun-
dred ($500.00) dollars or imprisonment not exceeding eighteen (18)
months, or both, in the discretion of the court.
1937 (40) 194; 1939 (41) 390.

§ 5128-26. Distribution and sale of dangerous caustic or corrosive sub-
stances.

(1) Definitions. — The term "dangerous caustic or corrosive substance"
means each and all of the acids, alkalis, and substances named below: (a)
hydrochloric acid and any preparation containing free or chemically un-
neutralized hydrochloric acid (HCL) in a concentration of ten per centum
or more; (b) sulphuric acid and any preparation containing free or chem-
ically unneutralized sulphuric acid (rLS0 4 ) in a concentration of ten per
centum or more; (c) nitric acid or any preparation containing free or
chemically unneutralized nitric acid (HNO,) in a concentration of five per
centum or more; (d) carbolic acid, otherwise known as phenol, and any
preparation containing carbolic acid or phenol in a concentration of five
per centum or more; (e) oxalic acid and any preparation containing free
or chemically unneutralized oxalic acid (rLC.O,) in a concentration of
ten per centum or more; (f) any salt of oxalic acid and any preparation
containing any such salt in a concentration of ten per centum or more; (g)
acetic acid or any preparation containing free or chemically unneutralized
acetic acid (HC 2 H 3 2 ) in a concentration of twenty per centum or more;
(h) hypochlorous acid, either free or combined, including calx chlorinata,
bleaching powder, chloride of lime, chlorinated soda, and chlorinated pot-
ash, and any preparation containing any of tne aforesaid substances so as
to yield a concentration of ten per centum or more of available chlorine;
(i) potassium hydroxide and any preparation containing free or chemi-
cally unneutralized potassium hydroxide (KOH) , including caustic pot-
ash and Vienna paste, in a concentration of ten per centum or more; (j)
sodium hydroxide and any preparation containing free or chemically un-
neutralized sodium hydroxide (NaOH) , including caustic soda and lye, in
a concentration of ten per centum or more; (k) silver nitrate, sometimes
known as lunar caustic, and any preparation containing silver nitrate
(AgNO :; ) in a concentration of five per centum or more; (1) ammonia
water and any preparation yielding free or chemically uncombined am-
monia (NH,) , including ammonium hydroxide and "Hartshorn," in a con-
centration of five per centum or more; and (m) any other alkali, acid, salt,
or preparation thereof having caustic or corrosive properties equivalent to
those of any of the alkalis, acids, salts and preparations named above.

The term "misbranded parcel, package, or container," means a retail per-
cel, package, or container of any dangerous caustic or corrosive substance
for household use, not bearing a conspicuous, easily legible label or sticker,
containing (a) the name of the article; (b) the name and place of business
of the manufacturer, packer, seller, or distributor; (c) the word "POI-
SON," running parallel with the main body of reading matter on said label
or sticker, on a clear plain background of a distinctly contrasting color, in
uncondensed gothic capital letters, the letters to be not less than 24 point
size unless there is on said label no other type so large, in which event the
type shall be not smaller than the largest type on the label, and (d) direc-
tions for treatment in case of accidental personal injury by the dangerous

§ 5128-26 Civil Code Page 260

caustic or corrosive substance.

(2) Sale, offer, etc., of caustic or corrosive substance in misbranded pack-
age. — No person shall sell, barter, or exchange, or receive, hold, pack, dis-
play, or offer for sale, barter, or exchange in the State of South Carolina
any dangerous caustic or corrosive substance in a misbranded parcel, pack-
age, or container, said parcel, package, or container being designed for
household use.

(3) Misbranded packages subject to confiscation. — Any dangerous caus-
tic or corrosive substance in a misbranded parcel, package, or container
for household use, that is being sold, bartered, or exchanged, or held, dis-
played, or offered for sale, barter, or exchange, shall be liable to be pro-
ceeded against in any magistrate's court, and seized for a confiscation in a
manner provided by law, and if such substance is condemned as mis-
branded, by said court, it shall be disposed of by destruction or sale, as
the court may direct; and if sold, the proceeds less the actual costs and
charges shall be paid over to the magistrate, but such substance shall not
be sold contrary to the provisions of the laws of the State: provided, how-
ever, that upon the payment of the costs of such proceedings and the exe-
cution and delivery of a good and sufficient bond to the effect that such
substance will not be unlawfully sold or otherwise disposed of, the court
may by order direct that such substance be delivered to the owner thereof.
Such proceedings shall conform as near as may be to the law providing
for confiscating goods exposed for sale on Sunday.

(4) Penalties — enforcement. — Any person violating the provisions of
this section shall upon conviction thereof be punished by a fine of not
more than one hundred ($100.00) dollars, or by imprisonment for not more
than ninety days, or by both such fine and imprisonment, in the discretion
of the court. The sheriff, deputy sheriffs and other peace officers shall en-
force the provisions of this section, and he, or they are hereby authorized
and empowered to approve and register such brands and labels intended
for use under the provisions of this section as may be submitted to him for
that purpose and as may in his judgment conform to the requirements of
this statute: provided, however, that in any prosecution under this section
the fact that any brand or label involved in said prosecution has not been
submitted to said sheriff or deputy sheriffs or peace officers to whom there
is presented, or who in any way procures, satisfactory evidence of any vio-
lation of the provisions of this section shall cause appropriate proceedings
to be commenced and prosecuted, without delay, for the enforcement of
the penalties as in such cases herein provided.

1932 Code, § 1451; 1924 (33) 1127.

§ 5128-27. Manufacture or sell impure food or drugs prohibited.

(1) Drugs and food defined — punishment. — It shall be unlawful for any
person to manufacture or sell, or offer for sale, any article of food or drug
which is adulterated or misbranded, within the meaning of this section,
and any person who shall violate any of the provisions of this section, shall
be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be
punished by a fine not exceeding fifty dollars, or by imprisonment not ex-
ceeding fifteen days for the first offense, and one hundred dollars, or thirty
days' imprisonment, for each subsequent offense. The term "drug," as used
in this section, shall include all medicines and preparations recognized in

Page 261 Food and Drugs § 5128-27

the United States pharmacopoeia or national formulary or United States
dispensatory, for internal or external use, and any substance or mixture of
substances intended to be used for the cure, mitigation or prevention of
disease of either man or other animals. The term "food," as used herein,
shall include all articles used for food, drink, confectionery, or condiment
by man or other animals, whether simple, mixed, or compound. For the
purpose of this section, an article shall be deemed to be adulterated:

(2) When an article shall be deemed adulterated in the case of drugs
and flavoring extract. — If, when a drug or flavoring extract sold under or
by a name recognized in the United States pharmacopoeia or national for-
mulary or United States dispensatory, it differs from or does not conform
to the standard of strength, quality, or purity, as determined by the test
laid down in the United States pharmacopoeia, or national formulary or
United States dispensatory official at the time of investigation.

In the case of confectionery. — If it contains terra alba, barytes, talc,
chrome yellow, or other mineral substance or poisonous color or flavor, or
other ingredient deleterious or detrimental to health, or any vinous, malt,
or spirituous liquors, compound, or narcotic drug.

In the case of food. —

First. If any substance has been mixed and packed with it so as to re-
duce or lower or injuriously affect its quality or strength.

Second. If any substance has been substituted wholly or in part for the
article.

Third. If any valuable constituent of the article has been wholly or in
part abstracted.

Fourth. If it be mixed, colored, powdered, coated, or stained in a manner
whereby damage or inferiority is concealed.

Fifth. If it contain any added poisonous or other added deleterious in-
gredient, which may render such article injurious to health: provided,
that when in the preparation of food products for shipment they are pre-
served by an external application, applied in such a manner that the pre-
servative is necessarily removed mechanically, or by maceration in water,
or otherwise, and directions for the removal of said preservative shall be
printed on the covering or the package, the provisions of this section shall
be construed as applying only when said products are ready for consump-
tion. Non-alcoholic drink shall be deemed to be adulterated: If it contains
any boric acid or borate, salicylic acid or salicylate, formaldehyde, hydro-
fluoric acid or fluoride, fluoborate, fluosilicate, or other fluorine compound,
dulcin, glucin, saccharin, betanaphthol, hydronaphthol, abrastol, asaprol,
compound of copper, pyroligneous acid, uncertified coal-tar dye, saponin
derived from soap bark, or other substance deleterious or injurious to
health.

Sixth. If it consists in whole or in part of a filthy, decomposed or putrid
animal or vegetable substance, or any portion of an animal unfit for food,
whether manufactured or not, or if it is the product of a diseased animal,
or one that has died otherwise than by slaughter.

(3) "Misbranded" defined. — The term "misbranded," as used herein, shall
apply to all drugs or articles of food, or articles which enter into the com-
position of food, the package or label of which shall bear any statement,
design or device regarding such article, or the ingredients or substances
contained therein, which shall be false or misleading in any particular and

§ 5128-27 Civil Code Page 262

to any food or drug which is falsely branded as to the State, territory or
county in which it is manufactured or produced. That for the purposes
of this section, an article shall also be deemed to be misbranded:

In the case of drugs. — First. If it be an imitation of or offered for sale
under the name of another article.

Second. If the contents of the package as originally put up shall have
been removed, in whole or in part, and other contents shall have been
placed in such package, or if the package fail to bear a statement on the
label of the quantity or proportion of any alcohol, morphine, opium, co-
caine, heroin, alpha-, or beta-encaine, chloroform, canabis indica, chloral
hydrate, acetanilide, or any derivative or preparation of any such sub-
stances contained therein: provided, that the package contains more than
two grains of opium, or more than one-quarter grain of morphine, or
more than one-quarter grain of heroin, or more than ten grains of chloral
hydrate in one fluid ounce, or, if a solid preparation in one avoirdupois
ounce: provided, further, that nothing in this paragraph shall be construed
to apply to the filling of written prescriptions, furnished by regular li-
censed practicing physicians, and kept on file by druggists as required by
law, or as to such preparations as are specified and recognized by the
United States pharmacoepoeia or national formulary or United States dis-
pensatory, which are in accordance therewith.

In the case of food. — First. If it be an imitation of or offered for sale un-
der the distinctive name of another article.

Second. If it is labeled or branded so as to deceive or mislead the pur-
chaser, or purport to be a foreign product when not so, or if the contents
of the package as originally put up shall have been removed in whole or
in part, and other contents shall have been placed in package, or if it fail
to bear a statement on the label of the quantity or proportion of any mor-
phine, opium, cocaine, heroin, alpha- or beta- encaine, chloroform, cannabis
indica, chloral hydrate, acetanilide, or any derivative, or preparation of any
such substances contained therein.

Third. If in package form, and the contents are stated in terms of weight
or measure, they are not plainly and correctly stated on the outside of the
package.

Fourth. If the package containing it, or its label, shall bear any state-
ment, design or device regarding the ingredients or the substances con-
tained therein, which statement, design or device shall be false or mislead-
ing in any particular: provided, that an article of food which does not con-
tain any added poisonous or deleterious ingredients shall not be deemed
to be adulterated or misbranded in the following cases:

(4) When not misbranded. — First. In the case of mixtures or compounds,
which may be now, or from time to time hereafter, known as articles of
food, under their own distinctive names, and not in imitation of, or of-
fered for sale under, the distinctive name of another article, if the name
be accompanied on the same label or brand with a statement of the place
where said article has been manufactured or produced.

Second. In the case of articles labeled, branded or tagged so as to plainly
indicate that they are compounds, imitations or blends, and the word
"compound," "imitation" or "blend," as the case may be, is plainly stated
on the package in which it is offered for sale: provided, that the term
blend, as used herein, shall be construed to mean a mixture of like sub-

Page 263 Food and Drugs § 5128-27

stances, not excluding harmless coloring or flavoring ingredients used for
the purpose of coloring and flavoring only: and provided, further, that
nothing in this section shall be construed as requiring or compelling pro-
prietors or manufacturers of proprietary foods, which contain no unwhole-
some added ingredient, to disclose their trade formulas, except in so far as
the provisions of this section may require to secure freedom from adultera-
tion or misbranding.

(5) No dealer to be prosecuted when he produces a guaranty from manu-
facturer. — No dealer shall be prosecuted under the provisions of this sec-
tion when he can establish a guaranty, signed by the wholesaler, jobber,
manufacturer or other party residing in the United States, from whom he
purchases such articles, to the effect that the same is not adulterated or
misbranded, within the meaning of this section, designating it.

(6) Department of agriculture to enforce. — For the purpose of carrying
out the provisions of this section, the commissioner of agriculture, and all
inspectors and chemists employed under the Commercial Feed Stuffs Act,
shall take cognizance of the interests of the public health, as it relates to
the sale of food, drugs, spirituous, fermented and malt liquors, and the
adulteration thereof, and make all necessary inquiries and investigations
relating thereto and shall take such action in the courts as provided for;
the commissioner shall adopt such measures as he may deem necessary to
facilitate the enforcement of this section; and shall prepare in cooperation
with the state board of health, and issue, when approved by the state
board of health, rules and regulations with regard to the proper method
of collecting and examining drugs and articles of food. The commissioner
and his assistants designated, shall also be charged with the enforcement
of sections 5806-32, 5129-2 to 5129-9, and of such other regulations relating
to food and drugs as the state board of health may issue under the au-
thority of any other act or law.

1932 Code, § 1452; Cr. C. '22, § 398; Cr. C. '12, § 406; 1904 (24) 531; 1907 (25) 528;
1913 (28) 35; 1917 (30) 51; 1924 (33) 971.

Rules and Regulations issued by Department of Agriculture

(Filed secretary state's office May 3, 1940.)

Regulation 1. The sale of condensed skimmed milk is allowed, but it shall be un-
lawful to sell the said condensed skimmed milk except under the following regula-
tions: In addition to the compliance with all existing laws, the said condensed
skimmed milk to be sold in packages or containers, containing not less than one gal-
lon, which packages or containers shall be hermetically sealed at the time of sale;
also that at the stores, groceries, shops or places where such condensed skimmed
milk is sold, a sign printed or painted in black letters on white background, and on
which the letters are at least five (5) inches high and worded as follows, must be
displayed:

CONDENSED SKIMMED MILK SHOULD NOT BE FED TO BABIES. CHILDREN
OR INVALIDS. IT IS LACKING IN FOOD VALUE.

Regulation 2. All flour, that has been bleached by any of the various processes,
offered for sale in the State of South Carolina after July 1, 1912, must be clearly
and distinctly labeled in letters of not less than W in height as follows:

"BLEACHED"

The said labels should appear on each and every sack containing bleached prod-
uct and shall be placed immediately above or below the name of the product.

Regulation 3. The name of manufacturer or producer, or person responsible for
the foor product and the place where manufactured must be given on the label.

§ 5128-27

Civil Code

Page 264

The name and address of bottler should appear on bottles, showing either by whom
or for whom product is bottled.

Constilutionality. — This statute does
not operate as burden on interstate com-
merce or displace or directly interfere
with federal acts and regulations and
hence is not unconstitutional. Hollis v.
Armour & Co., 190 S. C. 170, 2 S. E.
(2d) 681.

This statute should be restricted in ef-
fect to territory of the Stale. Bayleston
v. Armour & Co., 196 S. C. 1, 12 S. E.
(2d) 34.

And in an action by cafe patron
against Illinois Packing Company for
damage from eating allegedly impure
ham, instruction that state pure food
and drug act was applicable to the man-
ufacture and sale of the ham by the
company and that violation of the stat-
ute by the company would constitute
negligegnce per se was prejudicial. Ibid.

Seller is liable for unwholesomeness
of which he knew or reasonably could
have known. — Tate v. Mauldin, 157 S.
C. 392, 154 S. E. 431.

But absence of negligence in inspec-
tion may exempt him. — Mere inspection
of food, required by statute, does not
exempt seller from liability for un-
wholesomeness, unless disclosing ab-
sence of negligence. Tate v. Mauldin, 157
S. C. 392, 154 S. E. 431.

A manufacturer is liable regardless of
such knowledge. — Manufacturer of food
product who violates pure food statutes
is impliedly negligent, and is liable re-
gardless of knowledge of unwholesome-
ness. Tate v. Mauldin, 157 S. C. 392. 154
S. E. 431.

Under this statute, neither knowledge
of the contamination nor negligence in
fact is a material element of the offense.
Gantt v. Columbia Coca-Cola Bottling
Co., 193 S. C. 51, 7 S. E. (2d) 641; Hobbs
v. Carolina Coca-Cola Bottling Co., 194
S. C. 543, 10 S. E. (2d) 25.

Under this section the bottler of bev-
erages is directly liable to the consumer
for injury from unwholesomeness there-
of, although purchased from middleman.
Tate v. Mauldin, 157 S. C. 392, 154 S.
S. 431.

In action against bottling company to
recover for illness allegedly resulting
from drinking bottled beverage contain-
ing bluestone, evidence that bottle of
beverage allegedly causing illness was
bottled and sold by bottling company,
and that it contained at time of sale and
delivery thereof by bottling company
deleterious matter, established violation
of pure food act, which constituted neg-
ligence per se, requiring submission of
case to jury, although there was no oth-
er direct or circumstantial evidence of
negligence. Gantt v. Columbia Coca-
Cola Bottling Co., 193 S. C. 51, 7 S. E.
(2d) 641.

But fact that violation of pure food
statute constitutes negligence per se does
not preclude a plaintiff from also intro-
ducing other evidence of negligence.
Gantt v. Columbia Coca-Cola Bottling
Co., 193 S. C. 51, 7 S. E. (2d) 641. Hobbs
v. Carolina Coca-Cola Bottling Co., 194
S. C. 543, 10 S. E. (2d) 25.

However, where cause of action was
based on Pure Food Law and there was
no evidence tending to show negligence
instruction on law of negligence in ad-
dition to instructions on pure food law
was prejudicial error. Caines v. Marion
Coca-Cola Bottling Co. et. al„ 196 S. C.
502, 14 S. E. (2d) 10.

A complaint alleging that plaintiff suf-
fered illness as result of drinking bev-
erage bottled by defendant company,
which contained a harmful and poison-
ous ingredient, could be liberally con-
strued as charging a violation of the
pure food statute, although statute was
not pleaded, since the court is required
to take notice of the statutes of the State,
whether specifically mentioned or not.
if allegations bring the case within the
provisions thereof. Gantt v. Columbia
Coca-Cola Bottling Co., 193 S. C. 51, 7
S. E. (2d) 641.

In customer's action against manufac-
turer of plug chewing tobacco for injury
to customer's tooth when he bit into
carpet tack allegedly embedded in tobac-
co, charge, that manufacturer of article
intended for human use and represented
as being safe for human use is under
duty to use ordinary care to insure that
article is safe for human use and free
from elements which would be harmful
and dangerous to certain persons using
article, proper; chewing tobacco being
in same category as food, beverages,
confections, and condiments. Delk v.
Liggett & Myers Tobacco Co., 180 S. C.
436, 186 S. E. 383.

Whether baking company was liable
to customer for injuries suffered because
of glass allegedly baked into cake, on
ground of negligence, was for jury, ir-
respective of company's knowledge of
presence of glass, under evidence indi-
cating that customer's mouth was cut
while eating cake, with glass which could
only have come from the cake. Irick v.
Peoples Baking Co., 187 S. C. 238, 196
S. E. 887.

Where complaint in action against a
store for injuries received when a bot-
tle of fingernail polish exploded showed
that action was based on common-law
negligence, and neither the federal nor
state pure food and drug acts were
pleaded or relied upon, plaintiff was not
entitled to have case submitted to jury
on theory that facts revealed a case of
negligence per se in respect of a breach

Page 265 Food and Drugs § 5128-28

of a statutory duty relative to labeling vents his recovery. — Buyer of impure
the bottle, especially when there was no food, if contributorily negligent in par-
other evidence of negligence by defend- taking thereof, cannot recover from
ant. Guyton v. S. H. Kress & Co., 191 manufacturer or seller, notwithstanding
S. C. 530. 5 S. E. (2d) 295. seller's statutory liability. Tatp v. Maul-
Contributory negligence of buyer pre- din, 157 S. C. 392, 154 S. E. 431.

§ 5128-28. Arsenate of lead, calcium arsenate, or poisonous agricultural
insecticide or fungicide of a white color to be discolored.

(1) Sell or possess. — Any person or firm or corporation shall not cffer for
sale, or expose for sale, or have in possession any arsenate of lead, calcium
arsenate or any poisonous agricultural insecticide or fungicide of a white
color unless the said poisons are discolored by thoroughly mixing with them
not less than one (1 ' ! ) per cent by weight of finely divided lamp black or
an adequate quantity of some other discoloring material not injurious to
plants.

(2) Commissioner of agriculture to enforce. — The commissioner of agri-
culture may promulgate and issue all necessary rules and regulations to
carry into effect the full meaning and intent of this section. He may call to
his assistance all peace officers to enforce the provisions of this section.

(3) Unlawful to sell or possess unless discolored. — It shall be unlawful
for any person or firm or corporation to sell, offer or expose for sale or
have in possession for sale, any such poison unless the same be first dis-
colored in the manner above required.

(4) Penalties. — Any person or firm or corporation violating any of the
provisions of this section shall be guilty of a misdemeanor, and upon con-
viction thereof shall be subject to a fine of not more than three hundred
dollars or imprisonment for a period not exceeding six months.

(5) Confiscate if not discolored — sale. — Any poison described in subsec-
tion one hereof offered or exposed for sale or in possession for sale or sold
by any firm, person or corporation without being first discolored as required
by subsection one shall be subject to seizure by and confiscation to the
State, and after discoloration shall then be sold under such rules as may
be promulgated by the commissioner of agriculture of the State of South
Carolina.

1932 (37) 1469; 1933 (38) 235.

For further restrictions on the sale of arsenical preparations see § 3268.

§ 5129

Civil Code

Page 266

ARTICLE 4-A
Milk and Milk Products

5129. Purchasers of milk or cream on
butter- fat basis retain sample in-
spection — penalties.

5129-1. Manufacture and sale of ice
cream and other milk prod-
ucts.

5129-2. Sale cf milk, butter and cheese.

5129-3. Coloring matter in substitutes
for butter or cheese pro-
hibited.

5129-4. Combinations of certain ingre-
dients with butter or cheese
prohibited.

5129-5. When manufacture and sale of
imitation butter or cheese
prohibited.

5129-6. Substitutes to be so marked.

5129-7. Possession of unmarked imita-
tions prohibited.

5129-8. Sale of imitation butter or

cheese prohibited.

5129-9. Hotels and restaurants using
imitations to advertise the
same.

5129-10. Certificate of analysis prima
facie evidence.

5129-11. Use of bottles, kegs, etc., of
others in trade.

5129-12. Traffic in milk cans or defac-
ing marks thereon, unlawful.

5129-13. To secure bottles to retail
dealers in milk.

5129-14. Unlawful to dispose of certain
used milk bottles — accept-
ance of deposits.

5129-15. Additional provisions relating
to use, sale, exchange and
shipping of milk bottles, milk
cans and milk bottle crates.

§ 5129. Purchasers of milk or cream on butter-fat basis retain sample —
inspection — penalties. — All persons, firms or corporations in the State of
South Carolina purchasing milk or cream for manufacture, sale or ship-
ment, and paying for the same on the basis of the butter-fat contained
therein, as determined by test, shall take or cause to be taken in such
places where the said milk or cream is purchased or tested, a representa-
tive sample of all such milk or cream, and if any be left on hand after a
shipment is made, a representative sample of this shall likewise be taken.
Such sample shall be not less than two ounces avoirdupois in weight and
shall be immediately transferred to a clean and dry sample jar and prop-
erly sealed to prevent evaporation and the escape of any of the contents
thereof. All samples of milk or cream so taken shall be plainly marked oi
labeled and such mark or label shall be entered upon the records of the
purchaser to correspond with the name of the person or persons from whom
such purchase was made, together with the weight of the milk or cream,
if any, which is left on hand after shipment is made. Said samples shall
then be protected from extremes of heat and cold and held until 5:00
p. m. of the following day, except that all such samples taken on a day pre-
ceding a holiday shall be held until 5:00 p. m. of the next day following
such a holiday. During the said period mentioned said samples shall be
subject to inspection by the department of agriculture, and shall be opened
only in the presence of the commissioner of said department or his duly
authorized representatives. Any person, firm or corporation violating the
provisions of this section shall be deemed guilty of a misdemeanor, and
upon conviction shall be punished by a fine not exceeding $100.00, or by
imprisonment for a period not exceeding thirty days for each and every
offense so committed.

1932 Code, 5129; 1930 (36) 1351; 1936 (39) 1615; 1941 (42) 119.

§ 5129-1. Manufacture and sale of ice cream and other milk products.

(1) Definitions. — For the purpose and within the meaning of this section
the following definitions shall obtain:

Page 267 Milk and Milk Products § 5129-1

(a) "Frozen desserts" means ice cream, frozen custard, ice milk, milk
sherbet, ice or ice sherbet and imitation ice cream as denned herein.

(b) "Milk products" means pure, clean and wholesome cream, pure milk
fat, butter, milk, evaporated milk, skimmed milk, condensed milk, sweet-
ened condensed milk, condensed skimmed milk, sweetened condensed
skimmed milk, dried milk, dried skimmed milk.

(c) "Ice cream" means the pure, clean, frozen product made from a
combination of two or more of the following ingredients: milk products,
eggs, water, and sugar with harmless flavoring and with or without harm-
less coloring, and with or without added stabilizer, composed of whole-
some edible material. It contains not more than one-half of one per centum
by weight of stabilizer, not less than ten per centum by weight of milk
fat, and not less than eighteen per centum by weight of total milk solids,
including milk fat, except when fruit, nuts, cocoa or chocolate, maple sy-
rup, cakes of confections are used for the purpose of flavoring, then it shall
contain not less than ten per centum by weight of milk fat and not less
than eighteen per centum by weight of total milk solids, including milk
fat, except for such reduction in milk fat and in total milk solids, as is due
to the addition of such flavoring, but in no such case shall it contain less
than sixteen per centum by weight of milk fat nor less than sixteen per
centum by weight of total milk solids, including milk fat. In no case shall
any ice cream contain less than one and six-tenths pound of total food
solids per gallon, and must weigh not less than four and one-fourths pounds
to the gallon.

(d) "Frozen custard" means French ice cream, French custard ice
cream, ice custard, parfaits and similar frozen products. Frozen custard is
a clean, wholesome product made from a combination of two or more of
the following ingredients, milk products, water and sugar with harmless
flavoring and with or without harmless coloring and with or without added
stabilizer composed of wholesome edible material. It contains not more
than one-half of one per centum by weight of stabilizer, not less than ten
per centum by weight of milk fat, not less than eighteen per centum by
weight of total milk solids. Frozen custard shall contain not less than five
dozen of clean, wholesome egg yolks, or one and five-tenths pounds of
wholesome dry egg yolk containing not to exceed seven per centum of
moisture, or three pounds of wholesome frozen egg yolk containing not to
exceed fifty-five per centum of moisture, or the equivalent of egg yolk in
any other form, for each ninety pounds of frozen custard. In no case shall
any frozen custard contain less than one and six-tenths pounds of total
food solids per gallon, and must weigh not less than four and one-fourths
pounds to the gallon.

(e) "Milk sherbet" means the pure, clean, frozen product made from
milk products, water and sugar, with harmless fruit or fruit juice flavor-
ing and with or without harmless coloring, with not less than 0.35 of one
per centum of acid, as determined by titrating with standard alkali and
expressed as lactic acid, and with or without added stabilizer composed
of wholesome edible material. It contains not less than four per centum or
more than six per centum by weight of milk solids, and must weigh not
less than four and one-fourths pounds to the gallon.

(f) "Ice or ice sherbet" means the pure, clean, frozen product made from
water and sugar with harmless fruit or fruit juice flavoring and with or

§ 5129-1 Civil Code Page 268

without harmless coloring, with not less than 0.35 of one per centum of
acid, as determined by titrating with standard alkali and expresses as lac-
tic acid, and with or without added stabilizer composed of wholesome edible
material. It contains no milk solids.

(g) "Imitation ice cream" means any frozen substance, mixture, or com-
pound, regardless of the name under which it is represented, which is
made in imitation or semblance of ice cream, or is prepared or frozen as
ice cream is customarily prepared or frozen, and which is not ice cream,
frozen custard, sherbet or ice as denned in this section.

(2) Annual licenses for manufacturers of frozen desserts.

(a) Application. — Every manufacturer of frozen desserts produced for
sale shall, during the month of February in each year, file with the de-
partment of agriculture an application for a license upon a form pre-
scribed by the department of agriculture. The application must show that
the frozen desserts manufactured by the applicant are composed of pure
and wholesome ingredients and are produced under sanitary conditions.
The application shall also show the location of each plant at which frozen
desserts are to be manufactured and the name of the brand, or brands, if
any, under which the same are to be sold. The license period shall be for
twelve months beginning March first.

(b) Cost. — The license herein provided shall be issued without cost to
the applicant.

(c) Issuance. — The department of agriculture, if satisfied that the manu-
facturing plant or plants named in the application are maintained in ac-
cordance with the standards of sanitation prescribed in the rules and regu-
lations promulgated under the authority of this article, shall issue a li-
cense for the manufacture of frozen desserts. No license shall be issued if
"any statement in the application is false or misleading, or if the brand
name or any label or advertisement of the frozen dessert involved in the
application gives a false indication of origin, character, composition, or
name of manufacturer, or is otherwise false or misleading in any particular.

(d) Revoke or suspend. — Any license may be revoked by the depart-
ment of agriculture, after notice to the licensee by mail or otherwise an op-
portunity to be heard, when and if it appears that any statement upon
which it was issued was false or misleading, or that any frozen dessert
manufactured by the licensee is adulterated or misbranded, or is manu-
factured in a plant not maintained in accordance with the standards of
sanitation prescribed in the rules and regulations promulgated under the
authority of this section, or that the brand name or any label or advertis-
ing of any frozen dessert manufactured by the licensee gives a false indi-
cation of origin, character, composition, or name of manufacturer, or is
otherwise false or misleading in any particular. A license may also, after
such notice and hearing, be suspended for any of the foregoing reasons
until the licensee complies with the conditions prescribed by the depart-
ment of agriculture, commerce and industry for its reinstatement.

(e) Circuit court review revocation, suspension, or refusal to grant
— appeal. — The action of the department of agriculture in refusing to grant
a license, or in revoking or suspending a license, shall be subject to review
by the court of common pleas in the county where the aggrieved party
resides, with right of appeal to the state Supreme Court.

(3) Sale. — (1) No person shall sell, advertise or offer or expose for sale

Page 269 Milk and Milk Products § 5129-1

any frozen dessert manufactured in this State unless the manufacturer
thereof is a licensee under the provisions of this article.

(2) No person shall sell, offer for sale or advertise for sale any frozen
dessert, if the brand name of the frozen dessert or the label upon it or the
advertising accompanying it shall give a false indication of origin, char-
acter, composition, or name of manufacturer, or is otherwise false or mis-
leading in any particular.

(3) No person shall sell, advertise or offer or expose for sale any imi-
tation ice cream.

(4) No person shall sell, advertise or offer or expose for sale a frozen
dessert if it contains any fats, oils, or paraffin other than milk fats, ex-
cept such fats or oils as are naturally contained in the flavors used.

(4) Pasteurize milk. — All milk and milk products used in the manufac-
ture of ice cream, frozen custard, or sherbet, or the entire mix with or
without flavor or color, shall be pasteurized in accordance with rules and
regulations to be adopted as hereinafter provided.

(5) Selling from falsely labeled containers — misrepresenting manufac-
turer — concealing name of owners on cans, etc. — selling from containers
containing other articles — (1) No person shall sell or offer or expose for sale
frozen desserts in any container which is falsely labeled as to the name of
the manufacturer or in any other respect.

(2) No person shall misrepresent in any manner the name of the manu-
facturer or frozen desserts.

(3) No person, other than the owner, shall remove, erase, obliterate, cover,
or conceal the owner's name or any distinguishing mark or device which
may appear to be placed on any cabinet, can, container or other equipment.

(4) It shall be unlawful if it is offered for sale from any container, com-
partment, or cabinet which contains any article other than ice cream, cus-
tard ice cream, French ice cream, French custard, frozen custard, sherbet,
ice or fruit ice.

(6) Enforcement. — The department of agriculture is charged with the en-
forcement of the provisions of this section and shall from time to time, after
inquiry and public hearing, adopt and promulgate rules and regulations to
supplement and give full effect to the provisions of this section. Such rules
and regulations, among other things, shall establish sanitary regulations
pertaining to the manufacture and distribution of frozen desserts, including
the sanitary condition of buildings, grounds, and equipment where frozen
desserts are manufactured, the sanitary condition of persons in direct physi-
cal contact with frozen dessert during manufacture, the sanitary condition
of containers in which frozen desserts are held or shipped and the sanitary
conditions of premises, buildings, surroundings and equipment where frozen
desserts are sold. Such rules and regulations shall be filed and open for
public inspection at the principal office of the department, and shall have
the force of law.

(7) Exemptions. — Nothing contained in this section shall be construed to
apply to ice cream and similar frozen products manufactured and sold by
social, fraternal, charitable, educational, religious or beneficient organiza-
tions, nor to a farmer making and selling from the products of his farm ice
cream, custard ice cream, French ice cream, French custard, frozen cus-
tard, sherbet, that the standards of purity and equality prescribed by this
section are maintained in all cases of manufacture and sale permitted by

§ 5129-1 Civil Code Page 270

the provisions of this section.

(8) Penalties — disposition. — (1) Any person, association, partnership, or
corporation violating any of the provisions of this section shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a
fine of not less than twenty-five ($25.00) dollars, nor more than one hun-
dred ($100.00) dollars.

(2) All fines and penalties, imposed and recovered for the violation of
any of the provisions of this section, shall be paid to the department of ag-
riculture, and when so collected and paid, shall thereafter be, by the de-
partment of agriculture, paid into the state treasury.

1934 (38) 1603: 1941 (42) 119.

§ 5129-2. Sale of milk, butter and cheese. — It shall not be lawful for any
person or corporation or agent knowingly to sell or expose for sale, or
deliver for domestic use, or to be converted into any product of human
food whatsoever, any unclean, impure, unwholesome, adulterated or
skimmed milk, or milk from which has been held back what is known as
strippings, or milk taken from an animal having disease, sickness, ulcers,
or abscesses: provided, that this section shall not prohibit the sale of but-
termilk or of skimmed milk when sold as such. For the purposes of this
section, milk which is proven by any reliable test or analysis to contain
less than three per centum of butter-fat and eight and one-half per cent of
solids other than butter-fat, shall be regarded as skimmed milk. For the
purposes of this section, every article, substance, or compound, other than
produced wholly from pure milk, or cream from the same, made in sem-
blance of butter or of cheese, and designed to be used as a substitute for
butter or cheese made from pure milk or cream from the same, is hereby
declared to be imitation butter or imitation cheese, as the case may be:
provided, the use of salt, rennet and harmless coloring matter for coloring
the product of pure milk or cream shall not be construed to render such
product an imitation.

1j32 Code, § 1455; Cr. C. '22, § 401; Cr. C. '12, § 411: Cr. C. '02, § 308; 1896 (22) 215.

§ 5129-3. Coloring matter in substitutes for butter or cheese prohibited. —

No person shall coat, powder or color with annatto or any coloring matter
whatever any substance designed to be used as a substitute for butter or
for cheese, whereby such substance or product shall be caused to resemble
butter or cheese, the product of pure milk or cream.

1932 Code, § 1456; Cr. C. '22. § 402; Cr. C. '12, § 412; Cr. C. '02, § 309; 1896 (22) 215.

§ 5129-4. Combinations of certain ingredients with butter or cheese pro-
hibited. — No person shall combine any animal fat or vegetable oil or other
substance with butter or cheese, or combine with butter or cheese, or with
animal fat or vegetable oil or combination of the two, or any other sub-
stance or substances whatever, any annatto or any other coloring matter
for the purpose or with the effect of imparting thereto a yellow color, or
any shade of yellow, or that such substance shall resemble genuine yellow
butter or cheese, nor introduce any such coloring matter or any such sub-
stance into any of the ingredients of which such substitute may be com-
posed: provided, that nothing in this or the three preceding sections shall
be construed to prohibit the use of salt, rennet or harmless coloring matter
for coloring the products of pure milk or cream from the same.

Page 271 Milk and Milk Products § 5129-9

1932 Cede, § 1457; Cr. C. '22, § 403; Cr. C. '12, § 413; Cr. C. '02, § 310; 1896 (22) 215.

§ 5129-5. When manufacture and sale of imiiation butter or cheese pro-
hibited. — No person shall by himself, or employee, or agents, produce or
manufacture, or sell, or keep for sale, or offer for sale, any imitation butter
or imitation cheese made or compounded in violation of this or the four
preceding sections, whether such imitation shall have been made or pro-
duced in this State or elsewhere: provided, that said sections shall not be
construed to prohibit the manufacture and sale of imitation butter or imi-
tation cheese under the regulations hereinafter provided, not manufac-
tured or colored as herein prohibited.

1932 Code, § 1458; Cr. C. '22, § 404; Cr. C. '12, § 414; Cr. C. '02, § 311; 1896 (22) 215.

§ 5129-6. Substitutes to be so marked. — Every person who lawfully manu-
factures any substance designed to be used as a substitute for butter or for
cheese shall mark by branding, stamping or stenciling upon the top side of
each tub, box or other vessel in which such substitute shall be kept, or in
which it shall be removed from the place where produced, in a clear and
durable manner, in the English language, the words, "substitute for but-
ter," or "substitute for cheese," as the case may be, in printed letters in
plain roman type, each of which shall be not less than one inch in height
and one-half inch in breadth.

1932 Code, § 1459; Cr. C. '22, § 405; Cr. C. '12, § 415; Cr. C. '02, § 312; 1896 (22) 215.

§ 5129-7. Possession of unmarked imitations prohibited. — No person shall
have in his possession or control any substance designed to be used as a
substitute for butter or for cheese, unless the tub, box, or other vessel con-
taining the same shall be clearly and durably marked as provided in sec-
tion 5129-6: provided, that this section shall not apply to a person who has
such imitation butter or imitation cheese in his possession for the actual
consumption of himself or family.

1932 Code. § 1460; Cr. C. '22, § 406; Cr. C. '12, § 416; Cr. C. '02, § 313; 1896 v22) 215.

§ 5129-8. Sale of imitation butter or cheese prohibited. — No person, by
himself, or agent or employee, shall sell or offer for sale any imitation but-
ter or imitation cheese under the pretense that the same is genuine butter
or genuine cheese.

1932 Code, § 1461; Cr. C. '22, § 407; Cr. C. '12, § 417; Cr. C. '02, § 314; 1896 (22) 215.

§ 5129-9. Hotels and restaurants using imitations to advertise the same. —
No keeper or proprietor of any hotel or restaurant, or other person having
charge thereof, shall knowingly use, or serve therein, either as food or for
cooking purposes, any imitation butter or cheese, as denned in section
5129-2, unless such keeper, proprietor or other person in charge of such
place of entertainment shall keep constantly posted in a conspicuous place
in the room or rooms, or other place or places where such imitations shall
be served, so that the same may be easily seen and read by any person in
such room or place, a white card, not less than ten by fourteen inches in
size, on which shall be printed in the English language, in plain black
roman letters, not smaller than one inch in height and one-half inch in
width, the words, "imitation butter used here," or "imitation cheese used
here," as the case may be, and the cards shall not contain any other im-

§ 5129-9 Civil Code Page 272

pressions than the words above prescribed.

1932 Code, § 1462; Cr. C. '22, § 408; Cr. C. '12, § 418; Cr. C. '02, § 315; 1896 (22) 215.

§ 5129-10. Certificate of analysis prima facie evidence. — Any person vio-
lating any provisions of sections 5129-2 to 5129-9 shall be guilty of a mis-
demeanor, and may be proceeded against by any of the processes provided
for misdemeanors, and may be tried by any court having jurisdiction of
misdemeanors in this State, and, upon conviction, shall be punished by a
fine not to exceed one hundred ($100.00) dollars and not less than ten
($10.00) dollars. The sworn certificate or a certified official report of the
chemist of the department of agriculture of the analysis of a suspected
sample shall be recognized in any and all courts of this State as prima
facie evidence of such analysis and of the composition and character of
such sample.

1932 Code, § 1463; Cr. C. '22, § 409; Cr. C. '12, § 419; Cr. C. '02, §§ 316, 317; 1896
(22) 215; 1917 (30) 50; 1941 (42) 119.

§ 5129-11. Use of bottles, kegs, etc., of others in trade. — It shall be unlaw-
ful for any person engaged in the business of manufacturer, bottler or
dealer in beer, soda water, or mineral waters, to use in the course of his
business, any kegs, boxes, crates or bottles owned by any other person
engaged in such business and rendered capable of identification by the
name of the owner or other distinguishing marks stamped, stenciled, en-
graved, cut or in any other manner fixed thereon, without the consent of
such owner in writing. No person, firm or corporation shall trade or traffic
in any such boxes, crates, boxes, bottles, jugs, kegs or other such vessels,
except for the consumption of said beer, soda water or mineral waters
placed therein by the owners. Any violation of this section shall be deemed
a misdemeanor, punishable by a fine of not less than ten dollars nor more
than one hundred dollars, or by imprisonment in the county jail for not
less than ten days nor more than thirty days, or both, at the discretion of
the court for each offense.

1932 Code, § 1343; Cr. C. '22, § 232; Cr. C. '12, § 526; 1902 (23) 1103.

§ 5129-12. Traffic in milk cans or defacing marks thereon, unlawful.

(1) Use of marked cans. — It is hereby declared to be unlawful for any
person or persons, without the consent of the agent of the owner or own-
ers, or shipper or shippers, to use, or sell, dispose of, buy or traffic in any
milk or cream can or cans, belonging to any dealer or dealers, or shipper
or shippers of milk or cream residing in the State of South Carolina or
elsewhere, who may ship milk or cream to any city, town or place within
this State, having the name or initials of the owner or owners, or such
dealer or dealers, or shipper or shippers stamped, marked or fastened on
such can or cans, or to wilfully mar, erase or change by re-marking or
otherwise, said name or initials of any such owner or owners, or dealer or
dealers, or shipper or shippers so